LIZZIO v. DEPARTMENT OF ARMY

No. 2007-3224.

534 F.3d 1376 (2008)

Peter J. LIZZIO, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

July 16, 2008.


Attorney(s) appearing for the Case

Lawrence A. Berger, Mahon & Berger, of Glen Cove, NY, argued for petitioner.

Hillary A. Stern, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Before NEWMAN, SCHALL, and LINN, Circuit Judges.


SCHALL, Circuit Judge.

Peter J. Lizzio petitions for review of the final decision of the Merit Systems Protection Board ("Board") that dismissed for lack of jurisdiction his appeal of the action of the Department of the Army ("agency") removing him from his position as a special agent with the Major Procurement Fraud Unit of the agency's Criminal Investigation Command ("CID"). Lizzio v. Dep't of the Army, 105 M.S.P.R. 322 (2007) ("Final Decision"). The...

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