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ESPARRAGUERA v. DEPT. OF THE ARMY

2019-2293.

981 F.3d 1328 (2020)

Maria ESPARRAGUERA, Petitioner v. DEPARTMENT OF THE ARMY, Respondent

United States Court of Appeals, Federal Circuit.

Decided: December 4, 2020.

Attorney(s) appearing for the Case

Lucas M. Walker , MoloLamken LLP, Washington, DC, argued for petitioner. Also represented by Jeffrey A. Lamken ; Matthew Jason Fisher , Chicago, IL; Conor Dirks , Debra Lynn Roth , Shaw, Bransford & Roth P.C., Washington, DC.

Mollie Lenore Finnan , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Jeffrey B. Clark , Claudia Burke , Robert Edward Kirschman, Jr. ; Nadia K. Pluta , Office of General Counsel, United States Office of Personnel Management, Washington, DC; Jason R. Chester , United States Army Corps of Engineers, United States Department of the Army, Alexandria, VA.

Before Prost, Chief Judge, Lourie and Moore, Circuit Judges.

This is a case about jurisdiction. Maria Esparraguera was removed for performance reasons from her senior executive position as the top labor lawyer at the Department of the Army ("Army") and placed instead into another high-level position at the same agency but outside the Senior Executive Service ("SES"). On appeal, Ms. Esparraguera...

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