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PUCILOWSKI v. DEPARTMENT OF JUSTICE

No. 2006-3388.

498 F.3d 1341 (2007)

Alexander F. PUCILOWSKI, Jr., Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

August 29, 2007.

Attorney(s) appearing for the Case

Mathew B. Tully, Tully, Rinckey & Associates, of Albany, NY, for petitioner.

Douglas K. Mickle, 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, Jeanne E. Davidson, Director, and Todd M. Hughes, Assistant Director. Of counsel on the brief was Paul M. Schneider, Office of General Counsel, Federal Bureau of Prisons, of Washington, DC.

Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge and LOURIE, Circuit Judge.

MAYER, Circuit Judge.

Alexander F. Pucilowski, Jr., appeals the decision of the Merit Systems Protection Board, denying in part his petition for relief under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301-4333. Pucilowski v. Dep't of Just., NY-3443-06-0081-I-1 (MSPB July 7, 2006). Because the board erred by declining to order the government to correct...

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