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FEDERAL EDUC. ASS'N v. DEPT. OF DEFENSE

2015-3173.

898 F.3d 1222 (2018)

FEDERAL EDUCATION ASSOCIATION-STATESIDE REGION, Karen Graviss, Petitioners v. DEPARTMENT OF DEFENSE, DOMESTIC DEPENDENTS ELEMENTARY AND SECONDARY SCHOOLS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: August 6, 2018.

Attorney(s) appearing for the Case

DOROTHY LOUISE LEE , Dublin, OH, argued for petitioner Karen Graviss.

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

MATTHEW WHITMORE MILLEDGE , Office of General Counsel, American Federation of Government Employees, Washington, DC, for amicus curiae American Federation of Government Employees. Also represented by DAVID A. BORER , ANDRES MYLES GRAJALES .

KATHERINE MICHELLE SMITH , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, for amicus curiae Merit Systems Protection Board.

Dissenting Opinion filed by Circuit Judge Plager.

This panel initially held that the agency had violated petitioner's procedural due process rights in connection with her discharge from federal service. See Fed. Educ. Ass'n — Stateside Region v. Dep't of Def., 841 F.3d 1362 (Fed. Cir. 2016). The en banc court granted review and...

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