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SANTOS v. NATIONAL AERONAUTICS AND SPACE ADMIN.

2019-2345.

990 F.3d 1355 (2021)

Fernando SANTOS, Petitioner v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: March 11, 2021.

Attorney(s) appearing for the Case

Fernando Santos, Orlando, FL, pro se.

Robert R. Kiepura , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent. Also represented by Deborah Ann Bynum , Jeffrey B. Clark , Robert Edward Kirschman, Jr. ; Trevor Oktay Tezel , Office of the Chief Counsel, NASA Kennedy Space Center, Kennedy Space Center, FL.

Debra Lynn Roth , Shaw, Bransford & Roth P.C., Washington, DC, as amicus curiae counsel. Conor Dirks , James Garay Heelan also appearing.

Concurring opinion filed by Circuit Judge Hughes.

In 2018, Fernando Santos—a mechanical engineer for National Aeronautics and Space Administration ("NASA") and a commander in the United States Navy Reserve —was transferred to a new division of NASA and placed under the supervision of Angela Balles, chief of the Ground Systems Branch of the Commercial Division...

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