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PARKINSON v. DEPT. OF JUSTICE

2015-3066.

874 F.3d 710 (2017)

John C. PARKINSON, Petitioner v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: October 26, 2017.

Attorney(s) appearing for the Case

KATHLEEN M. McCLELLAN , Whistleblower & Source Protection Program, ExposeFacts, Washington, DC, argued for petitioner. Also represented by JESSELYN ALICIA RADACK.

ELIZABETH MARIE HOSFORD , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by TARA K. HOGAN , ROBERT E. KIRSCHMAN, JR. , BENJAMIN C. MIZER.

DAVID COLAPINTO , Kohn, Kohn & Colapinto, LLP, Washington, DC, for amici curiae National Whistleblowers Center, Michael German, Robert Kobus, Jane Turner, Frederic Whitehurst. Also represented by STEPHEN M. KOHN , National Whistleblowers Legal Defense, Washington, DC.

PETER ROMER-FRIEDMAN , Outten & Golden LLP, Washington, DC, for amici curiae Reserve Officers Association of America, Veterans of Foreign Wars of the United States, Military Order of the Purple Heart, Military Officers Association of America, Retired Enlisted Association. Also represented by THOMAS G. JARRARD , The Law Office of Thomas G. Jarrard, PLLC, Spokane, WA.

Dissenting opinion filed by Circuit Judge Linn, in which Circuit Judge Plager joins.

Lt. Col. John C. Parkinson appeals from a final decision of the Merit Systems Protection Board sustaining his removal from the Federal Bureau of Investigation. A panel of this court reversed the Board's decision, concluding, in part, that the Board erred by not permitting Mr. Parkinson

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