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KIENTZ v. COMMISSIONER, SSA

No. 18-3240.

954 F.3d 1277 (2020)

Steven KIENTZ, Plaintiff-Appellant, v. COMMISSIONER, SSA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed April 1, 2020.

Attorney(s) appearing for the Case

Roger D. Moore , Rehm, Bennett, & Moore, P.C., LLO, Lincoln, Nebraska, for Plaintiff-Appellant.

Sushma Soni , Attorney ( Joseph H. Hunt , Assistant Attorney General, Stephen R. McAllister , United States Attorney, and Alisa B. Klein , Attorney, with her on the brief), U.S. Department of Justice, Washington, DC, for Defendant-Appellee.

Before TYMKOVICH, Chief Judge, MURPHY, and CARSON, Circuit Judges.

A dual status technician occupies a hybrid role—created by Congress under 10 U.S.C. § 10216—that includes a balance of traditionally civilian and traditionally military responsibilities. Dual status technicians are federal civilian employees who perform "maintenance and repair of supplies or equipment issued...

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