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BAIRD v. DEPARTMENT OF THE ARMY

No. 2007-3046.

517 F.3d 1345 (2008)

Kim R. BAIRD, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

February 26, 2008.

Attorney(s) appearing for the Case

Mark C. Prugh, Attorney a Law, of Waynesville, MO, argued for petitioner.

Anuj Vohra, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Jeanne E. Davidson, Director, Todd M. Hughes, Deputy Director. Of counsel was Jeffrey S. Pease, Attorney.

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

Opinion got the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge RADER.

CLEVENGER, Senior Circuit Judge.

Kim R. Baird ("Baird") seeks review of the final decision of the Merit Systems Protection Board ("Board") sustaining her removal from her position as a psychiatric nursing assistant at the Fort Leonard Wood Army Hospital ("Agency") in Missouri. For the reasons set forth below, we vacate the Board's final decision and remand...

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