884 F.3d 1142 (2018)

Scott HOLTON, Petitioner v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: March 9, 2018.

Attorney(s) appearing for the Case

JAMES G. NOUCAS, JR. , Noucas Law Office, Portsmouth, NH, argued for petitioner.

KRISTIN McGRORY , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , CLAUDIA BURKE.

Before Newman, Dyk, and O'Malley, Circuit Judges.

Scott Holton petitions for review of the decision of the Merit Systems Protection Board ("Board") affirming his removal. Mr. Holton was employed as a rigger supervisor for the Navy at the Portsmouth Naval Shipyard. He was dismissed after testing positive for a prohibited substance in a drug test administered in the aftermath...

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