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PEREZ v. DEPARTMENT OF JUSTICE

No. 06-3144.

480 F.3d 1309 (2007)

Norberto PEREZ, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

March 16, 2007.

Attorney(s) appearing for the Case

Stuart A. Kirsch, Assistant General Counsel-Litigation, American Federation of Government Employees, of Riverdale, Georgia, argued for petitioner. With him on the brief was Mark D. Roth, General Counsel, of Washington, DC.

Michael J. Dierberg, 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 Todd M. Hughes, Assistant Director.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

Opinion for the court filed by Senior Judge FRIEDMAN, in which Judge NEWMAN joins. Dissenting opinion filed by Judge DYK.

FRIEDMAN, Senior Circuit Judge.

The petitioner, Norberto Perez, challenges an arbitrator's rejection of his contention that the Bureau of Prisons (the "Bureau") violated the Civil Service Reform Act of 1978, Pub.L. 95-454, 92 Stat 1111, ("Reform Act") when it suspended him indefinitely. He contends that in addition to giving him thirty...

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