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ERICKSON v. U.S. POSTAL SERVICE

No. 2008-3216.

571 F.3d 1364 (2009)

Richard ERICKSON, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

July 15, 2009.

Attorney(s) appearing for the Case

Ariel E. Solomon, Tully Rinckey P.L.L.C., of Albany, NY, argued for petitioner. Of counsel was Mathew B. Tully.

Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Before BRYSON and GAJARSA, Circuit Judges, and ST. EVE, District Judge.

BRYSON, Circuit Judge.

The Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") represents Congress's most recent effort to encourage noncareer military service "by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service." 38 U.S.C. § 4301(a). USERRA prohibits discrimination against civilian employees because of their military obligations, 38 U.S.C. § 4311, and it provides...

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