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WHITEMAN v. DEPARTMENT OF TRANSP.

No. 2011-3165.

688 F.3d 1336 (2012)

Anne WHITEMAN, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 10, 2012.

Attorney(s) appearing for the Case

Matthew D. Estes , Tully Rinckey, PLLC, of Washington, DC, argued for petitioner. On the brief was Steven L. Herrick .

Stacey K. Grigsby , 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 Alexandra R. Randazzo and Brett Daee , Office of the Chief Counsel, Federal Aviation Administration, of Washington, DC.

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

REYNA, Circuit Judge.

Anne Whiteman appeals the decision of the Merit Systems Protection Board ("MSPB") dismissing her whistleblower retaliation action. The MSPB concluded that Whiteman was collaterally estopped from bringing her post-settlement retaliation claim by an earlier district court action she had filed and that she had waived her remaining claims by means of a settlement agreement.

Because the MSPB incorrectly concluded that Whiteman's post-settlement...

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