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ROBERTO v. DEPARTMENT OF NAVY

No. 05-3043.

440 F.3d 1341 (2006)

John F. ROBERTO, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

March 13, 2006.

Attorney(s) appearing for the Case

Clayton C. Ikei, of Honolulu, Hawaii, argued for petitioner.

Dawn S. Conrad, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director. Of counsel on the brief was Monte E. Crane, Attorney, Office of General Counsel, Department of the Navy, of San Diego, California.

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

SCHALL, Circuit Judge.

John F. Roberto petitions for review of the final decision of the Merit Systems Protection Board ("Board") that dismissed, for lack of jurisdiction, his appeal to the Board in which he claimed that, in the course of a reduction in force ("RIF") action, the Department of the Navy ("Navy" or "agency") violated his reemployment priority rights. Mr. Roberto claimed that the Navy failed to afford him the rights to which he was entitled under the...

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