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PARROTT v. MERIT SYSTEMS PROTECTION BD.

No. 2007-3119.

519 F.3d 1328 (2008)

Jeffrey W. PARROTT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Homeland Security, Intervenor.

United States Court of Appeals, Federal Circuit.

March 12, 2008.

Attorney(s) appearing for the Case

David G. Schiller, Schiller & Schiller, PLLC, of Raleigh, NC, argued for petitioner.

Jeffrey A. Gauger, Acting Associate General Counsel, Office of the General Counsel, 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. Of counsel was Sara B. Rearden, Attorney.

Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor. On the brief were Jeanne E. Davidson, Director, Todd M. Hughes, Deputy Director, and Claudia Burke, Attorney.

Before SCHALL, BRYSON, and MOORE, Circuit Judges.

SCHALL, Circuit Judge.

Jeffrey W. Parrott is a former employee of the Transportation Security Administration ("TSA" or "agency"), Department of Homeland Security. He resigned from his position with TSA on May 27, 2005. Subsequently, he appealed to the Merit Systems Protection Board ("Board"), alleging that his resignation was involuntary and therefore constituted a constructive removal. Following a hearing, the administrative judge ("AJ") to whom the appeal was assigned...

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