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BAKER v. DEPARTMENT OF TRANSP.

No. 04-3370.

418 F.3d 1369 (2005)

Rex A. BAKER, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 16, 2005.

Attorney(s) appearing for the Case

Alan K. Hahn, Grady and Associates, of San Diego, California, argued for petitioner.

Paul R. Wellons, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director. Of counsel was Wayne A. Tonkins, Sr., Office of the Chief Counsel, Federal Aviation Administration, of Washington, DC.

Before SCHALL, GAJARSA, and LINN, Circuit Judges.

SCHALL, Circuit Judge.

Rex A. Baker petitions for review of the final decision of the Merit Systems Protection Board ("Board") that sustained the action of the Department of Transportation, Federal Aviation Administration ("FAA" or "agency"), removing him from his position as an Air Traffic Control Specialist, AT-2152-LH. Baker v. Dep't of Transp., No. SF-0752-02-0369-I-2, 96 M.S.P.R. 464, 2004 WL 1192604 (M.S.P.B. May 25, 2004) ("Final Decision"). The...

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