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LEWIS v. U.S.

No. 10-35624.

641 F.3d 1174 (2011)

Janet D. LEWIS, Plaintiff-Appellant, v. UNITED STATES of America; Michael B. Donley, Secretary of the United States Air Force, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2011.

Attorney(s) appearing for the Case

Nicholas J. Kittleson , Kittleson Law Office, LLC, Anchorage, AK, for the plaintiff-appellant.

Karen L. Loeffler , United States Attorney for the District of Alaska, and E. Bryan Wilson , Assistant United States Attorney, Anchorage, AK, for the defendants-appellees.

Before: ARTHUR L. ALARCÓN, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

OPINION

ALARCÓN, Circuit Judge:

Janet Lewis appeals from the district court's denial of summary judgment affirming a decision of the Merit Systems Protection Board ("MSPB"), which in turn upheld a decision by the United States Air Force (the "Agency") to terminate her employment. We affirm.

I

Lewis was director of a child development center on the Elmendorf Air Force Base. In 2003, another candidate was selected over Lewis for a position...

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