HARDY v. DEPARTMENT OF NAVY

No. 04-3086.

393 F.3d 1288 (2005)

Willema HARDY, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

January 4, 2005.


Attorney(s) appearing for the Case

Richard H. Semsker, Lippman & Semsker, PLLC, of Bethesda, Maryland, argued for petitioner. With him on the brief was S. Micah Salb.

Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.


MICHEL, Chief Judge.

Willema Hardy ("Hardy") petitions for review of the final decision of the Merit Systems Protection Board ("Board"), upholding the Department of the Navy's ("Navy's") reassignment offer to Hardy during a reduction in force ("RIF") after her former position was abolished and she was reached for release. Hardy v. Dep't of the Navy, No. DC0351030294-1-1 (M.S.P.B. Aug. 27, 2003) ("Decision").1 The appeal was...

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