WEATHERBY v. DEPARTMENT OF INTERIOR

No. 06-3121.

466 F.3d 1379 (2006)

THOR WEATHERBY, III, Petitioner, v. DEPARTMENT OF THE INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: October 26, 2006.


Attorney(s) appearing for the Case

W. Craig James, Mauk & Burgoyne, of Boise, Idaho, argued for petitioner.

Roger A. Hipp, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Deborah A. Bynum, Assistant Director Respondent.

Before MICHEL, Chief Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.


MICHEL, Chief Judge.

Petitioner Thor Weatherby, III appeals from a decision of the Merit Systems Protection Board ("Board") upholding the denial of his claim for enhanced annuity benefit credits as a firefighter. Weatherby v. Dep't of the Interior, No. SF-0842-05-0195-I-2 (M.S.P.B. July 29, 2005). Because the Board correctly found that neither the job descriptions of positions that petitioner held nor his actual primary duties met the statutory...

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