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HATHAWAY v. DEPARTMENT OF JUSTICE

No. 03-3288.

384 F.3d 1342 (2004)

Jeffrey M. HATHAWAY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

September 16, 2004.

Attorney(s) appearing for the Case

Thomas G. Roth, of West Orange, NJ, argued for petitioner.

Brent M. McBurney, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director. Of counsel on the brief was Toby D. McCoy, Senior Attorney, Drug Enforcement Administration, of Washington, DC. The principal attorney was Claudia Burke, Civil Division.

Before SCHALL, GAJARSA, and DYK, Circuit Judges.

SCHALL, Circuit Judge.

Jeffrey M. Hathaway petitions for review of the final decision of the Merit Systems Protection Board ("Board") sustaining his removal from employment with the Department of Justice's Drug Enforcement Administration ("DEA" or "agency"). Hathaway v. Dep't of Justice, 95 M.S.P.R. 295 (M.S.P.B.2003). In its final decision, the Board denied Mr. Hathaway's petition for review of the initial decision of an administrative judge ("AJ") upholding...

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