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GALLO v. DEPARTMENT OF TRANSP.

No. 2011-3094.

689 F.3d 1294 (2012)

Jane L. GALLO, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 1, 2012.

Attorney(s) appearing for the Case

William L. Bransford , Shaw, Bransford & Roth, PC, of Washington, DC, argued for petitioner. With him on the brief was Maria N. Coleman .

David D'Alessandris , 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 Harold D. Lester, Jr. , Assistant Director. Of counsel on the brief was Theresa D. Dunn , Office of the Regional Counsel, Federal Aviation Administration, of Fort Worth, TX.

Before BRYSON, CLEVENGER, and LINN, Circuit Judges.

LINN, Circuit Judge.

Appellant Jane L. Gallo ("Gallo") appeals the final decision of the Merit Systems Protection Board ("Board") denying her restoration rights under 5 U.S.C. § 8151(a). See Gallo v. Dep't of Transp., 116 M.S.P.R. 1 (2011) ("Board Decision"). Because the Board erred in interpreting "resumes employment with the Federal Government" under § 8151(a), and because any pay increases that Gallo would have received based on her creditable...

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