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SMITH v. U.S. POSTAL SERVICE

No. 2007-3238.

540 F.3d 1364 (2008)

Andy L. SMITH, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

September 4, 2008.

Attorney(s) appearing for the Case

Thomas E. Vanderbloemen, Gallivan, White & Boyd, P.A., of Greenville, SC, argued for petitioner.

Tara J. Kilfoyle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Steven J. Gillingham, Assistant Director.

Before LOURIE, BRYSON, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

Andy L. Smith appeals from a decision of the Merit Systems Protection Board denying his request for compensation under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301-33. He sought an award of compensation for working irregular hours in a part-time position upon his return from military service when he should have been placed in a full-time...

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