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DE SANTIS v. MERIT SYSTEMS PROTECTION BD.

2015-3134.

826 F.3d 1369 (2016)

Frank C. DE SANTIS, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: June 22, 2016.

Attorney(s) appearing for the Case

FRANK C. DE SANTIS, Newton, CT, pro se.

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

JEREMY PETERMAN , Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for court-appointed amicus curiae ERIC SHUMSKY. Also represented by ERIC SHUMSKY ; HALEY ELIZABETH JANKOWSKI , San Francisco, CA.

Before NEWMAN, DYK, and TARANTO, Circuit Judges.

The Federal Aviation Administration hired Frank De Santis in 2013. The FAA fired him less than one month later, while he was still in his probationary period. As now relevant, he appealed to the Merit Systems Protection Board under regulations, 5 C.F.R. §§ 210.101, 315.805, and 315.806, that have at all times relevant...

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