STURDY v. DEPARTMENT OF ARMY

No. 05-3045.

440 F.3d 1328 (2006)

Jerry C. STURDY, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

March 13, 2006.


Attorney(s) appearing for the Case

Sharon K. Weaver, Riggs, Abney, Neal, Turpen, Orbison & Lewis, Inc., of Tulsa, Oklahoma, for petitioner. With her on the brief was James R. Polan.

Nancy M. Kim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her 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 Kathryn McClure, Office of the Staff Judge Advocate, United States Army Field Artillery Center, of Fort Sill, Oklahoma.

Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.


SCHALL, Circuit Judge.

Jerry C. Sturdy petitions for review of the final decision of the Merit Systems Protection Board ("Board") that (i) rejected his claim that the Department of the Army ("Army" or "agency") violated his reemployment priority rights in the course of a reduction in force ("RIF") action and (ii) sustained the action of the Army reassigning him from the GS-11 position of Resource Management Specialist at Fort Chaffee, Arkansas, to the GS-11 position...

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