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TULLY v. DEPARTMENT OF JUSTICE

No. 2007-3004.

481 F.3d 1367 (2007)

Mathew B. TULLY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

March 21, 2007.

Attorney(s) appearing for the Case

Mathew B. Tully, of Niskayuna, NY, pro se.

Tara K. Hogan, 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, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director.

Before BRYSON and LINN, Circuit Judges, and ROBINSON, District Judge.

PER CURIAM.

Petitioner Mathew B. Tully petitions for review of a decision of the Merit Systems Protection Board, which held that his employer does not owe him payment for 27 holidays which occurred while he was on leave without pay to serve on active duty in the U.S. Army. We affirm the decision of the Board.

I

Mr. Tully served on active duty in the U.S. Army from October 9, 1995, to April 9, 1998. While serving, Mr. Tully was absent from his position...

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