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KALIL v. DEPARTMENT OF AGRICULTURE

No. 2006-3098.

479 F.3d 821 (2007)

Thomas F. KALIL, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

February 16, 2007.

Attorney(s) appearing for the Case

George M. Chuzi, Kalijarvi, Chuzi & Newman, P.C., of Washington, DC, argued for petitioner.

Brian M. Simkin, Assistant Director, 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 Allison Kidd-Miller, Trial Attorney. Of counsel on the brief was Albert T. Berry, United States Department of Agriculture, Office of the General Counsel, of Washington, DC.

Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

RADER, Circuit Judge.

The Merit Systems Protection Board (the Board) affirmed the United States Department of Agriculture's (Agency's) decision to suspend Thomas F. Kalil for fourteen days. See Kalil v. Dep't of Agric., DC1221020792-B-2, 2005 WL 3054502 (M.S.P.B. Oct. 24, 2005) (Final Order), denying petition for review of, Kalil v. Dep't of Agric., DC1221020792-B-2 (M.S.P.B. Dec. 21, 2004) (Initial Decision). Because the Board committed no reversible...

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