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DEAN v. DEPARTMENT OF LABOR

No. 2015-3131.

808 F.3d 497 (2015)

David DEAN, Petitioner, v. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Federal Circuit.

December 9, 2015.

Attorney(s) appearing for the Case

David Dean, Lugoff, SC, pro se.

Douglas Glenn Edelschick , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. , Steven J. Gillingham ; James V. Blair , Melanie L. Paul , Office of the Solicitor, United States Department of Labor, Washington, DC; Julie L. Ferguson Queen , Kathie A. Whipple , Robin M. Richardson , Steven E. Abow , Office of the General Counsel, Office of Personnel Management, Washington, DC.

Before CHEN, MAYER, and STOLL, Circuit Judges.

PER CURIAM.

Petitioner David Dean seeks review of a decision by the Merit Systems Protection Board ("Board") rejecting his claim under the Veterans Employment Opportunities Act of 1998.

BACKGROUND

I.

Most federal civil service employees are employed in either the competitive service or the excepted service. Nat'l Treasury Emps. Union v. Horner, 854 F.2d 490

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