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SMOLINSKI v. MERIT SYSTEMS PROTECTION BD.

2021-1751.

23 F.4th 1345 (2022)

George SMOLINSKI, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: January 19, 2022.

Attorney(s) appearing for the Case

Stephanie Rapp-tully , Tully Rinckey PLLC, Washington, DC, argued for petitioner. Also represented by Michael Wilson Macomber , Albany, NY.

Jeffrey Gauger , Office of General Counsel, United States Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by Tristan L. Leavitt , Katherine Michelle Smith .

Before Moore, Chief Judge, Dyk and Reyna, Circuit Judges.

Dr. George Smolinski petitions for review of a Merit Systems Protection Board decision dismissing his whistleblower retaliation claims against the United States Army for lack of jurisdiction. Smolinski v. Dep't of Army, No. DC-1221-20-0814-W-1, 2020 WL 7496634 (Dec. 14, 2020) (Board Decision). Because the Board...

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