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PITTMAN v. DEPARTMENT OF JUSTICE

No. 2006-3263.

486 F.3d 1276 (2007)

Gary P. PITTMAN, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

May 15, 2007.

Attorney(s) appearing for the Case

John O. Fronce, Abrams, Gorelick, Friedman & Jacobson, P.C., of New York, NY, argued for petitioner.

Phyllis Jo Baunach, 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, and Kathryn A. Bleecker, Assistant Director. Of counsel on the brief was R. Suzanne Courtney, Attorney, Labor Management Relations, Federal Bureau of Prisons, United States Department of Justice, of Washington, DC.

Before MAYER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and LINN, Circuit Judge.

Opinion for the court filed by Circuit Judge LINN. Circuit Judge MAYER dissents.

LINN, Circuit Judge.

Gary P. Pittman ("Pittman") seeks review of the initial decision of the administrative judge ("AJ") for the Merit Systems Protection Board ("Board"), Pittman v. Dep't of Justice, No. NY-3443-05-0113-I-1 (M.S.P.B. June 28, 2005) ("Initial Decision"), which became the final decision of the Board after it denied Pittman's petition for review,

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