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JOHNEN v. U.S. MERIT SYSTEMS PROTECTION BD.

No. 16-73427.

882 F.3d 1171 (2018)

Michael J. JOHNEN, Petitioner, v. U.S. MERIT SYSTEMS PROTECTION BOARD; United States Department of the Army, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2018.

Attorney(s) appearing for the Case

Wendy Musell (argued), Stewart and Musell LLP, Emeryville, California, for Petitioner.

Jimmy S. McBirney (argued), Trial Attorney; Allison Kidd-Miller , Assistant Director; Robert E. Kirschman Jr. , Director; Chad A. Readler , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Respondent Department of the Army.

Stephen Fung (argued), Attorney; Jeffrey A. Gauger , Reviewing Attorney; Katherine M. Smith , Deputy General Counsel; Bryan G. Polisuk , General Counsel; Office of the General Counsel, Merit Systems Protection Board, Washington, D.C.; for Respondents.

Lisa Powell (argued), United States Office of Special Counsel, Oakland, California; Malvina Winston , Attorney; Louis Lopez , Associate Special Counsel; Carolyn N. Lerner , Special Counsel; United States Office of Special Counsel, Washington, D.C.; for Amicus Curiae United States Office of Special Counsel.

Before: Susan P. Graber and N. Randy Smith, Circuit Judges, and Michael H. Simon, District Judge.

OPINION

Petitioner Michael Johnen alleges that the United States Department of the Army terminated him and excluded him from his work site because he had made complaints that are protected under the Whistleblower Protection Act of 1989 ("Act"). He seeks review of an adverse decision of the Merit Systems Protection...

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