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KERNER v. DEPARTMENT OF THE INTERIOR

No. 2014-3012.

778 F.3d 1336 (2015)

Edward P. KERNER, Petitioner, v. DEPARTMENT OF THE INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

February 20, 2015.

Attorney(s) appearing for the Case

Glenn L. Smith , Wheeler Upham, P.C., of Grand Rapids, Michigan, 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, Robert E. Kirschman, Jr. , Director, and Claudia Burke , Assistant Director.

Before CHEN, LINN, and HUGHES, Circuit Judges.

Edward Kerner applied for two merit-promotion vacancies at his employing agency, the Department of the Interior, but his applications were rejected because he did not meet the time-in-grade requirements necessary to be considered for the positions. He now claims that the agency violated the Veterans Employment Opportunity...

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