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NORRIS v. S.E.C.

No. 2011-3129.

675 F.3d 1349 (2012)

Jeffrey B. NORRIS, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, Federal Circuit.

April 10, 2012.

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 Adam J. Casner , of Austin, Texas.

Tara K. Hogan , 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. Of counsel on the brief was Juanita C. Hernandez , Senior Counsel, Securities & Exchange Commission, of Washington, DC.

Before DYK, MOORE, and O'MALLEY, Circuit Judges.

DYK, Circuit Judge.

Jeffrey B. Norris ("Norris") petitions for review of an arbitrator's decision affirming his removal from his position as a Trial Attorney with the Securities and Exchange Commission ("SEC"). U.S. Sec. & Exch. Comm'n v. Nat'l Treasury Emps. Union Chapter 293, No. SEC-AR-09-005 (Apr. 19, 2011) (Winograd, Arb.) ("Arbitration Decision"). Because we hold that the arbitrator erroneously failed to consider new evidence bearing upon the...

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