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BIGGERS v. DEPARTMENT OF THE NAVY

No. 2013-3059.

745 F.3d 1360 (2014)

Gary BIGGERS, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

March 21, 2014.

Attorney(s) appearing for the Case

Wendy Cole Lascher , Ferguson Case Orr Paterson, LLP, of Ventura, California, argued for petitioner.

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 , Assistant Attorney General, Jeanne E. Davidson , Director.

Before LOURIE, DYK, and TARANTO, Circuit Judges.

DYK, Circuit Judge.

Gary Biggers appeals from a decision of the Merit Systems Protection Board ("Board") sustaining his indefinite suspension by the Department of the Navy ("Navy") and holding that Biggers was not entitled to back pay in connection with his indefinite suspension. The Board also held that it lacked jurisdiction over Biggers' claim for back pay independent of his suspension. We affirm.

BACKGROUND

Biggers had been employed by the Navy...

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