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WHITMORE v. DEPARTMENT OF LABOR

No. 2011-3084.

680 F.3d 1353 (2012)

Robert Wade WHITMORE, Petitioner, v. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Federal Circuit.

May 30, 2012.

Attorney(s) appearing for the Case

Paula Dinerstein , Public Employees for Environmental Responsibility, of Washington, DC, argued for petitioner.

Lauren A. Weeman , 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 were James V. Blair , Acting Deputy Associate Solicitor, and Jennifer M. Dillard , Attorney, United States Department of Labor, of Washington, DC.

Before RADER, Chief Judge, and O'MALLEY and REYNA, Circuit Judges.

REYNA, Circuit Judge.

Robert Whitmore ("Whitmore") appeals the decision of the Merit Systems Protection Board ("MSPB"), which declined to set aside Whitmore's removal from his position with the Department of Labor ("DOL"). While the DOL alleged that Whitmore's removal was due to his increasingly disruptive and insubordinate behavior, Whitmore alleged that the removal was an unlawful retaliation for his lawful whistleblowing disclosures. In analyzing whether the DOL...

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