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FEDORA v. MERIT SYSTEMS PROTECTION BD.

2015-3039.

868 F.3d 1336 (2017)

Laurence M. FEDORA, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent. United States Postal Service, Intervenor.

United States Court of Appeals, Federal Circuit.

July 20, 2017.

Attorney(s) appearing for the Case

ERIC SHUMSKY , Orrick, Herrington & Sutcliffe LLP, Washington, DC, filed a petition for rehearing en banc for petitioner Laurence M. Fedora. Also represented by THOMAS MARK BONDY , HANNAH GARDEN-MONHEIT ; CHRISTOPHER J. CARIELLO , New York, NY.

JEFFREY GAUGER , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, filed a response to the petition for respondent Merit Systems Protection Board. Also represented by BRYAN G. POLISUK , KATHERINE M. SMITH.

RUSSELL JAMES UPTON , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, filed a response to the petition for intervenor United States Postal Service. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , PATRICIA M. McCARTHY.

Plager, Circuit Judge, dissents from the denial of panel rehearing.

ORDER

Petitioner Laurence M. Fedora filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by intervenor United States Postal Service and respondent Merit Systems Protection Board. The court requested supplemental briefing in light of the Supreme Court's holding in Perry v. Merit System...

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