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CRAWFORD v. DEPARTMENT OF THE ARMY

No. 2012-3037.

718 F.3d 1361 (2013)

Darrell T. CRAWFORD, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

June 11, 2013.

Attorney(s) appearing for the Case

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

Hillary A. Stern , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director.

Before RADER, Chief Judge, DYK, and REYNA, Circuit Judges.

REYNA, Circuit Judge.

Darrel T. Crawford appeals from a final decision of the Merit Systems Protection Board ("the Board") dismissing as moot his allegation that the Department of the Army ("the Agency") failed to comply with an order for corrective action. The Board determined that the position to which Mr. Crawford was assigned by the Agency in response to the corrective action complied with § 4313(a)(2) of the Uniformed Services Employment and Reemployment...

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