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AUGUSTINE v. DEPARTMENT OF VETERANS AFFAIRS

No. 2006-3307.

503 F.3d 1362 (2007)

Cassandra A. AUGUSTINE, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

October 5, 2007.

Attorney(s) appearing for the Case

Wild Chang, Wild Chang & Chang, of Rowland Heights, CA, argued for petitioner.

John Todor, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Deborah A. Bynum, Assistant Director, and Michael S. Dufault, Trial Attorney.

Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

CLEVENGER, Senior Circuit Judge.

Petitioner Cassandra A. Augustine appeals the final decision of the Merit Systems Protection Board ("MSPB" or "Board") denying her petition for attorney fees and expenses under 5 U.S.C. § 3330c(b). We reverse, vacate, and remand.

I

Cassandra A. Augustine is a disabled Navy veteran, and as such, she is a "preference eligible" for federal civil service employment purposes. See 5 U.S.C. § 2108. A preference...

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