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MOLINA-CRESPO v. U.S. MERIT SYSTEMS PROTECTION BD.

No. 07-3745.

547 F.3d 651 (2008)

Juan MOLINA-CRESPO, Plaintiff-Appellant, v. UNITED STATES MERIT SYSTEMS PROTECTION BOARD, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 24, 2008.

Attorney(s) appearing for the Case

ARGUED: Eric H. Zagrans, Zagrans Law Firm, Elyria, Ohio, for Appellant. Sara B. Rearden, United States Merit Systems Protection Board, Washington, D.C., for Appellee. ON BRIEF: Eric H. Zagrans, Zagrans Law Firm, Elyria, Ohio, for Appellant. Sara B. Rearden, United States Merit Systems Protection Board, Washington, D.C., for Appellee.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. BOGGS, C.J. (pp. 664-67), delivered a separate concurring opinion.

OPINION

CLAY, Circuit Judge.

Juan Molina-Crespo ("Molina") appeals the district court's grant of summary judgment to the United States Merit Systems Protection Board ("MSPB" or "Board"). Molina challenges the district court's conclusion that the Board did not abuse its discretion in determining that Molina's violation of 5 U.S.C. § 1502(a)(3), the provision of the Hatch Act that regulates the political activity of state employees who administer federal...

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