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ELMORE v. DEPARTMENT OF TRANSP.

No. 03-3333.

421 F.3d 1339 (2005)

Michael ELMORE, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 26, 2005.

Attorney(s) appearing for the Case

Michael Moulis, Moulis & Associates, P.A., of Fort Lauderdale, Florida, argued for petitioner.

Steven J. Abelson, 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 Todd M. Hughes, Assistant Director.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The petitioner, Michael Elmore, contends that he was twice "constructively demoted" in connection with his two transfers between two locations where he worked. We reject on the merits Elmore's contention that his first transfer constituted a "constructive demotion," and conclude that his claim regarding the second transfer is not properly before us because he failed to raise it before the Merit Systems Protection Board's administrative...

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