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KAHN v. DEPARTMENT OF JUSTICE

No. 2009-3125.

618 F.3d 1306 (2010)

Douglas KAHN, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

September 7, 2010.

Attorney(s) appearing for the Case

Thomas G. Roth , Law Offices of Thomas G. Roth, of West Orange, New Jersey, argued for petitioner.

L. Misha Preheim , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief was Leslie K. Schumacher , Senior Attorney, Office of Chief Counsel, Drug Enforcement Administration, of Springfield, Virginia.

Before GAJARSA, MAYER, and SCHALL, Circuit Judges.

GAJARSA, Circuit Judge.

This is a matter arising under section 4(a) of the Whistleblower Protection Act of 1989 ("WPA"), 5 U.S.C. § 2302(b)(8) (2006). Douglas Kahn is a Special Agent Criminal Investigator with the U.S. Drug Enforcement Administration ("DEA"). He appeals from the Merit Systems Protection Board's ("Board") final decision that Kahn did not make protected disclosures under the WPA. See id. § 2302(b)(8)(A). This is Kahn's second appeal...

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