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JOHNSON v. DEPARTMENT OF VETERANS AFFAIRS

No. 2009-3292.

625 F.3d 1373 (2010)

Karen JOHNSON, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

November 24, 2010.

Attorney(s) appearing for the Case

Phillip R. Kete , Attorney at Law, of Washington, DC, argued for petitioner.

Hillary A. Stern , Senior 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 RADER, Chief Judge, NEWMAN, and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

Karen Johnson seeks review of an arbitrator's finding that the arbitrator was without jurisdiction to review her discharge from the Department of Veterans Affairs ("agency"). We reverse and remand.

I

Prior to her removal, Johnson was employed in the Prosthetics and Sensory Aids Service at the agency's Maryland Health Care Center. On March 10, 2008, Johnson received a letter from her supervisor, Regina Kennedy, notifying...

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