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DOW v. GENERAL SERVICES ADMIN.

No. 2008-3352.

590 F.3d 1338 (2010)

Larry M. DOW, Petitioner, v. GENERAL SERVICES ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

January 6, 2010.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Parks & Weiser, P.L.L.C., of Washington, DC, argued for petitioner. With him on the brief was Jeremy D. Wright, of Austin, TX.

Meredyth Cohen Havasy, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director. Of counsel was Hillary A. Stern, Senior Trial Counsel.

Before LOURIE, FRIEDMAN, and PROST, Circuit Judges.

FRIEDMAN, Circuit Judge.

The petitioner, Larry M. Dow, appeals the decision of the Merit Systems Protection Board ("Board") dismissing, for lack of jurisdiction, his challenge to the General Services Administration ("Administration")'s refusal to hire him. We affirm that ruling. We also reject the government's contention that this case is moot, and deny the government's motion to remand the case to the Board to make findings relating to the mootness issue.

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