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HARDING v. DEPARTMENT OF VETERANS AFFAIRS

No. 05-3182.

448 F.3d 1373 (2006)

Dr. R. Michael HARDING, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

May 30, 2006.

Attorney(s) appearing for the Case

R. Michael Harding, pro se.

Steven M. Mager, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director.

Before NEWMAN, SCHALL, and GAJARSA, Circuit Judges.

Opinion for the Court filed by Circuit Judge GAJARSA.

Dissenting opinion filed by Circuit Judge SCHALL.

DECISION

GAJARSA, Circuit Judge.

Dr. R. Michael Harding ("Dr.Harding") appeals from a final decision of the Merit Systems Protection Board (the "Board") dismissing for lack of jurisdiction his claim for retaliatory termination under the Whistleblower Protection Act (the "WPA"). Harding v. Dep't of Veterans Affairs, 98 M.S.P.R. 296...

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