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GOSE v. U.S. POSTAL SERVICE

No. 05-3272.

451 F.3d 831 (2006)

Gary GOSE, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

June 14, 2006.

Attorney(s) appearing for the Case

Michael Allen McNew, Doll, Jansen & Ford, of Dayton, Ohio, for petitioner.

David C. Belt, Appellate Counsel, United States Postal Service, of Washington, DC, for respondent. With him on the brief was Lori J. Dym, Chief Counsel, Appellate Litigation. Also on the brief was Peter D. Keisler, Assistant Attorney General, Civil Division. Of counsel were David M. Cohen, Director; Todd M. Hughes, Assistant Director; and James W. Poirier, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.

Before, RADER, SCHALL, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

This is an appeal from the Merit System Protection Board ("MSPB" or "Board"), which upheld the removal of petitioner Gary Gose ("Gose") from his position as City Carrier with the United States Postal Service ("USPS" or "the agency"), for allegedly violating an agency regulation while working pursuant to the terms of a last chance agreement ("LCA"). This court has jurisdiction "of an appeal from a final order or final decision of the Merit Systems...

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