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JOSEPH v. F.T.C.

No. 2007-3073.

505 F.3d 1380 (2007)

Devon JOSEPH, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Federal Circuit.

November 5, 2007.

Attorney(s) appearing for the Case

Doris G. Traub, Traub & Traub, P.C., of New York, NY, argued for petitioner.

John C. O'Quinn, Deputy Associate Attorney General, Civil Division, Appellate Staff, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Acting Attorney General, and Thomas M. Bondy, Attorney.

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

FRIEDMAN, Senior Circuit Judge.

An unsuccessful applicant for a specific federal position contends that the agency's procedure in filling the vacancy denied him his veterans' preference rights. The Merit Systems Protection Board ("Board") rejected this contention, as do we.

I

A. Federal agencies generally use two types of selection to fill vacancies: (1) the open "competitive examination" process and (2) the "merit promotion" process. See...

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