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FLIGIEL v. SAMSON

No. 04-1531.

440 F.3d 747 (2006)

Suzanne FLIGIEL, M.D., Plaintiff-Appellant, v. Michael K. SAMSON, M.D., et al., Defendants, Anthony J. Principi, in his capacity as Secretary, Department of Veterans Affairs, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 7, 2006.

Attorney(s) appearing for the Case

ARGUED: Riyaz A. Kanji, Kanji & Katzen, Ann Arbor, Michigan, for Appellant.

Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.

ON BRIEF: Riyaz A. Kanji, Jennifer B. Salvatore, Kanji & Katzen, Ann Arbor, Michigan, Arthur Oleinick, Ann Arbor, Michigan, for Appellant.

Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: DAUGHTREY, MOORE, and McKEAGUE, Circuit Judges.

AMENDED OPINION

McKEAGUE, Circuit Judge.

This is an appeal of the district court's refusal to set aside its grant of summary judgment to the Veterans Administration (VA) in a suit brought by a physician who was transferred to a VA facility without notice and an opportunity to respond, as required by statute and Veterans Administration agency regulations. The district court found that Dr. Suzanne Fligiel's transfer was a "major adverse action," entitling...

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