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BALOCH v. KEMPTHORNE

No. 07-5330.

550 F.3d 1191 (2008)

Mohammad S. BALOCH, Appellant v. Dirk KEMPTHORNE, Secretary of the Interior, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 2008.

Attorney(s) appearing for the Case

Robert C. Seldon argued the cause for appellant. With him on the briefs was Molly E. Buie.

Rhonda C. Fields, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and Michael J. Ryan, Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

In 1991, Mohammad Baloch joined the Department of the Interior as one of two Water Rights Specialists in the Office of Trust Responsibilities at the Bureau of Indian Affairs. In the mid-1990s, the other Water Rights Specialist departed, leaving Baloch as the only employee in that role. For budgetary reasons, the Department did not fill the second position for several years. In 2001, a second Water...

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