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MITCHELL v. MERIT SYSTEMS PROTECTION BD.

No. 2013-3056.

741 F.3d 81 (2014)

Amy J. MITCHELL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

January 15, 2014.

Attorney(s) appearing for the Case

Kristina Caggiano , Duane Morris LLP, of Washington, DC, argued for petitioner. With her on the brief was Matthew C. Mousley , of Philadelphia, Pennsylvania.

Michael A. Carney , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief was Bryan G. Polisuk , General Counsel.

Dissenting opinion filed by Circuit Judge PROST.

TARANTO, Circuit Judge.

This case involves a jurisdictional limit on the authority of the Merit Systems Protection Board to review an agency's removal of a worker from her job. In late 2008, the Department of Justice hired Amy Mitchell as an Assistant United States Attorney. She began working while the required background investigation took place. When the investigation concluded about seven months later, the Department issued Ms. Mitchell a form stating that her...

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