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ALLEN v. UNITED STATES POSTAL SERVICE

No. 06-3059.

466 F.3d 1065 (2006)

ERIC R. ALLEN, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: October 20, 2006.

Attorney(s) appearing for the Case

Donald G. Gilpin, Gilpin & Keefe, P.C., of Albuquerque, New Mexico, argued for Petitioner.

Stephen D. Lobaugh, Attorney, Appellate Division, United States Postal Service, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, Commercial Litigation, Civil Division, United States Department of Justice, of Washington, DC, and Lori J. Dym, Chief Counsel, Appellate Division, Law Department Civil Practice, United States Postal Service, of Washington, DC. Of counsel were David M. Cohen, Director, Brian M. Simkin, Assistant Director, and Tara K. Hogan, Trial Attorney, Commercial Litigation, Civil Division, of Washington, DC.

Before MICHEL, Chief Judge, DYK and PROST, Circuit Judges.

MICHEL, Chief Judge.

Eric R. Allen appeals the final decision of the Merit Systems Protection Board ("Board") affirming his dismissal from the position of United States Postal Service ("USPS") Customer Service Supervisor at the Coronado Postal Station in Santa Fe, New Mexico. Allen v. USPS, No. DE-0752-01-0289-B-1 (M.S.P.B. Sept. 21, 2005). When the full Board denied his petition for review, the decision of the administrative judge ("AJ"), ...

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