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JAMES v. DALE

No. 03-3030.

355 F.3d 1375 (2004)

Kay Coles JAMES, Director, Office of Personnel Management, Petitioner, v. Tim DALE, Respondent.

United States Court of Appeals, Federal Circuit.

January 26, 2004.

Attorney(s) appearing for the Case

Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for petitioner. With him on the brief was David M. Cohen, Director. Of counsel on the brief were Mark A. Robbins, General Counsel; Kathie Ann Whipple, Deputy General Counsel; Steven E. Abow and Becky Kumar, Attorneys, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Judith D. Galat, Attorney, American Federation of Government Employees, AFL-CIO, of Washington, DC, argued for respondent. With her on the brief was Mark D. Roth.

Before MAYER, Chief Judge, NEWMAN and LINN, Circuit Judges.

Opinion for the court filed by MAYER, Chief Judge. Dissenting opinion filed by PAULINE NEWMAN, Circuit Judge.

MAYER, Chief Judge.

The Office of Personnel Management ("OPM") challenges the final decision of an arbitrator reversing the removal by the United States Immigration and Naturalization Service ("agency") of Tim Dale from his position as a border patrol agent. Immigration and Naturalization Serv. v. Dale, FMCS No. 01-0502 (Oct. 5, 2001, and Feb...

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