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COBERT v. MILLER

No. 2014-3101.

800 F.3d 1340 (2015)

Beth F. COBERT, Acting Director, Office of Personnel Management, Petitioner v. Mary A. MILLER, Merit Systems Protection Board, Respondents.

United States Court of Appeals, Federal Circuit.

September 2, 2015.

Attorney(s) appearing for the Case

Reginald T. Blades, Jr. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for petitioner. Also represented by Stuart F. Delery , Robert E. Kirschman, Jr. , Tara K. Hogan ; Kamala Vasagam , Robert James Girouard , Steven E. Abow , Office of General Counsel, Office of Personnel Management, Washington, DC.

Edward H. Passman , Passman & Kaplan, PC, Washington, DC, argued for respondent Mary A. Miller.

Jeffrey Gauger , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent Merit Systems Protection Board. Also represented by Bryan G. Polisuk.

Stefan P. Sutich , National Federation of Federal Employees, Washington, DC, for amicus curiae National Federation of Federal Employees.

Hampton H. Stennis , American Federation of Government Employees, Washington, DC, for amicus curiae American Federation of Government Employees.

Concurring opinion filed by Circuit Judge WALLACH.

This appeal arises out of the action of the Department of the Interior, National Park Service ("agency"), that removed Mary A. Miller from her position as Park Superintendent of the Sitka National Historical Park ("SNHP" or "Park") in Sitka, Alaska. Ms. Miller was removed from her position after she refused a management-directed...

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