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WELSHANS v. U.S. POSTAL SERVICE

No. 2008-3088.

550 F.3d 1100 (2008)

Victor W. WELSHANS, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

December 15, 2008.

Attorney(s) appearing for the Case

Ariel E. Solomon, Tully Rinckey P.L.L.C., of Albany, NY, argued for petitioner. On the brief was Greg T. Rinckey.

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 Gregory G. Katsas, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Franklin E. White, Jr., Assistant Director.

Before MAYER, SCHALL, and MOORE, Circuit Judges.

MAYER, Circuit Judge.

Victor W. Welshans appeals the final decision of the Merit Systems Protection Board that dismissed his appeal seeking corrective action under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301-4333. See Welshans v. U.S. Postal Serv., 107 M.S.P.R. 110 (M.S.P.B. 2007). We affirm.

I. Background

Welshans has been employed by the United States Postal Service...

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