No. 2006-3340.

487 F.3d 1377 (2007)

Robert S. RHODES, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

May 23, 2007.

Attorney(s) appearing for the Case

Elaine Kaplan, Senior Deputy General Counsel, National Treasury Employees Union, of Washington, DC, argued for petitioner. With her on the brief were Gregory O'Duden, General Counsel, L. Pat Wynns, Associate General Counsel, and Robert H. Shriver III, Assistant Counsel.

Raymond W. Angelo, Acting Associate General Counsel, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief were B. Chad Bungard, General Counsel, and Rosa M. Koppel, Deputy General Counsel.

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

LINN, Circuit Judge.

Robert S. Rhodes ("Rhodes") seeks review of the final decision of the Merit Systems Protection Board ("Board"), Rhodes v. Dep't of Homeland Sec., No. NY-0752-06-0015-I-1, 102 M.S.P.R. 486 (M.S.P.B. June 2, 2006) ("Final Decision"), which dismissed Rhodes's appeal challenging the Department of Homeland Security's ("agency's") failure to restore Rhodes to duty after an acquittal of criminal...

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