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CROWLEY v. U.S.

No. 04-5034.

398 F.3d 1329 (2005)

John D. CROWLEY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 17, 2005.

Attorney(s) appearing for the Case

Cathy A. Harris, Kator, Parks & Weiser, P.L.L.C., of Washington, DC, argued for plaintiff-appellee. With her on the brief were Irving Kator and Michael J. Kator.

Scott D. Austin, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Deputy Director. Of counsel on the brief was James E. Hicks, Office of Chief Counsel, Drug Enforcement Administration, of Washington, DC.

Before CLEVENGER, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST. Concurring opinion filed by Circuit Judge DYK.

PROST, Circuit Judge.

The United States appeals the United States Court of Federal Claims' assertion of jurisdiction in this case, its grant of law enforcement officer ("LEO") status to the appellee, John D. Crowley, its holding that the appellee was not required to exhaust his administrative remedies, and its legal conclusion that the appellee is entitled to...

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