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GONZALEZ v. DEPARTMENT OF TRANSP.

No. 2007-3309.

551 F.3d 1372 (2009)

Mario A. GONZALEZ, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

January 8, 2009.

Attorney(s) appearing for the Case

Sean Lafferty, Lafferty & Lafferty, of Burlington, MA, for petitioner.

Carrie A. Dunsmore, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. With her on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director. Of counsel was A. Bondurant Eley, Trial Attorney.

Before RADER and DYK, Circuit Judges, and WALKER, Chief District Judge.

Opinion for the court filed by Circuit Judge, RADER.

Mario Gonzalez petitioned the Merit Systems Protection Board to enforce a prior final judgment in his favor against the Department of Transportation ("DOT"). In that prior judgment, the Board awarded Mr. Gonzalez back pay for an improper separation from his job as an air traffic controller. The Board, however, denied Gonzalez's petition for enforcement. Because the Board correctly concluded that 49 U.S.C. §...

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