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CARSON v. DEPARTMENT OF ENERGY

No. 03-3295, 03-3298.

398 F.3d 1369 (2005)

Joseph P. CARSON, Petitioner, v. DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, Federal Circuit.

March 1, 2005.

Attorney(s) appearing for the Case

Robert C. Seldon, Robert C. Seldon & Associates, P.C., of Washington, DC, argued for petitioner.

Kyle E. Chadwick, 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 Bryant G. Snee, Assistant Director. Of counsel on the brief was Ivan A. Boatner, Attorney, Office of Chief Counsel, United States Department of Energy, of Oak Ridge, Tennessee.

Before MICHEL, Chief Judge, NEWMAN and BRYSON, Circuit Judges.

Opinion for the court filed by Chief Judge MICHEL. Dissenting opinion filed by Circuit Judge NEWMAN.

MICHEL, Chief Judge.

Joseph P. Carson appeals two final decisions of the Merit Systems Protection Board ("Board"), namely, (1) the May 29, 2002 decision1 denying his petition for enforcement of the Board's final decision in his first Individual Right of Action ("IRA") appeal in Carson v. Department of Energy, Nos. AT-1221...

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