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ADAMSEN v. DEPARTMENT OF AGRICULTURE

No. 2008-3222.

563 F.3d 1326 (2009)

Floyd J. ADAMSEN, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

April 23, 2009.

Attorney(s) appearing for the Case

Thomas F. Muther, Jr., Minahan and Muther, P.C., of Lakewood, CO, for petitioner.

J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Jeanne E. Davidson, Director, and Franklin E. White, Jr., Assistant Director.

Before RADER, FRIEDMAN, and LINN, Circuit Judges.

FRIEDMAN, Circuit Judge.

A former federal employee challenges the Merit Systems Protection Board ("Board")'s affirmance of his removal by the Department of Agriculture ("Department") on the grounds that the Board erroneously determined that (1) the Office of Personnel Management ("OPM") had approved the Department's performance appraisal system under which it had removed him; (2) the Department gave him an opportunity to demonstrate that his work was acceptable; and...

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