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KIRKENDALL v. DEPARTMENT OF ARMY

No. 2008-3342.

573 F.3d 1318 (2009)

John E. KIRKENDALL, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

July 27, 2009.

Attorney(s) appearing for the Case

Justin S. Herring, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for petitioner. With him on the brief were Theodore B. Olson and Jason D. Specht.

Scott D. Austin, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Before MAYER, CLEVENGER, and SCHALL, Circuit Judges.

CLEVENGER, Circuit Judge.

John E. Kirkendall seeks review of the final decision of the Merit Systems Protection Board (board) denying his request for corrective action for alleged violations of the Veterans Employment Opportunities Act (VEOA) of 1988 and the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994. Kirkendall v. Dep't of the Army, 109 M.S.P.R. 698 (unpublished table decision) (2008).1 For the reasons...

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