No. 2007-3216.

528 F.3d 1336 (2008)

Douglas KAHN, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

June 11, 2008.

Attorney(s) appearing for the Case

Thomas G. Roth, Law Offices of Thomas G. Roth, of West Orange, NJ, argued for petitioner.

Steven J. Gillingham, 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, and Steven Abelson, Attorney.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Douglas Kahn is a Special Agent ("SA") of the Drug Enforcement Administration ("DEA"), a component of the Department of Justice. He is assigned to the DEA's Atlanta Field Division. In this appeal, he petitions for review of the final decision of the Merit Systems Protection Board ("Board") that dismissed for lack of jurisdiction his individual right of action ("IRA") appeal under the Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8) ...

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