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FELLHOELTER v. DEPARTMENT OF AGRICULTURE

No. 2008-3244.

568 F.3d 965 (2009)

Kyle S. FELLHOELTER, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

June 15, 2009.

Attorney(s) appearing for the Case

Margaret Beebe Held, Held Law Firm, of Knoxville, TN, argued for petitioner.

Allison Kidd-Miller, 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 Martin F. Hockey, Jr., Assistant Director.

Before MICHEL, Chief Judge, BRYSON, Circuit Judge, and CUDAHY, Senior Circuit Judge.

BRYSON, Circuit Judge.

Kyle S. Fellhoelter petitions for review of a decision of the Merit Systems Protection Board affirming his removal from a supervisory position with the United States Department of Agriculture ("USDA"). We affirm.

I

Mr. Fellhoelter was an audit manager in a USDA office in Knoxville, Tennessee. He worked in the Federal Milk Marketing program, a USDA program designed to stabilize conditions in the market for dairy products and...

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