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RAINEY v. MERIT SYSTEMS PROTECTION BD.

2015-3234.

824 F.3d 1359 (2016)

Timothy Allen RAINEY, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent. Department of State, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: June 7, 2016.

Attorney(s) appearing for the Case

LARRY STEVEN GIBSON , Shapiro Sher Guinot & Sandler, Baltimore, MD, argued for petitioner. Also represented by ANASTASIA L. McCUSKER , ANNA ZAPPULLA SKELTON.

JEFFREY GAUGER , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by BRYAN G. POLISUK.

EMMA BOND , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by BENJAMIN C. MIZER , ROBERT E. KIRSCHMAN, JR. , ELIZABETH M. HOSFORD ; NIELS ALEXANDER VON DEUTEN , Office of the Legal Adviser, Office of Employment Law, United States Department of State, Washington, DC.

Before O'MALLEY, CLEVENGER, and BRYSON, Circuit Judges.

I

Petitioner Timothy Allen Rainey is a Supervisory Foreign Affairs Officer in the Bureau of African Affairs, Office of Regional Security Affairs, at the U.S. Department of State. In 2013, he was serving as a contracting officer representative for the Africa Contingency Operations Training and Assistance program....

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