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TUDOR v. DEPARTMENT OF TREASURY

No. 2009-3237.

639 F.3d 1362 (2011)

Roger TUDOR, Petitioner, v. DEPARTMENT OF the TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

May 9, 2011.

Attorney(s) appearing for the Case

Lawrence A. Berger , Mahon & Berger, Glen Cove, NY, argued for petitioner.

Matthew H. Solomson , Trial 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 Kirk T. Manhardt , Assistant Director.

Opinion for the court filed by Circuit Judge BRYSON. Opinion dissenting-in-part filed by Circuit Judge CLEVENGER.

BRYSON, Circuit Judge.

Roger Tudor appeals from a decision of the Merit Systems Protection Board sustaining his demotion by the Internal Revenue Service from Supervisory Special Agent to Investigative Analyst. Because the administrative judge misconstrued an important component of the evidence in the case, we reverse the Board's decision and remand the case to the Board for further proceedings.

I

Beginning in 2003, Mr. Tudor was employed as a Supervisory...

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