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MCENTEE v. MERIT SYSTEMS PROTECTION BD.

No. 04-3066.

404 F.3d 1320 (2005)

Mike MCENTEE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

April 15, 2005.

Attorney(s) appearing for the Case

Patrick J. Rogers, Modrall, Sperling, Roehl, Harris & Sisk, P.A., of Albuquerque, New Mexico, argued for petitioner.

Joyce G. Friedman, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were Martha B. Schneider, General Counsel and Stephanie M. Conley, Reviewing Attorney.

Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

GAJARSA, Circuit Judge.

Mike McEntee appeals from a decision by the Merit Systems Protection Board (the "Board" or "MSPB") granting summary judgment that he had committed violations of the Hatch Act in the conduct of his campaign for Mayor of Albuquerque, New Mexico. Special Counsel v. McEntee, 94 M.S.P.R. 486, 2003 WL 22136151 (2003). The Hatch Act1 is the colloquial designation for the federal statute that prohibits covered government...

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