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RICKEL v. DEPT. OF THE NAVY

2020-2147.

31 F.4th 1358 (2022)

David A. RICKEL, Petitioner v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: April 18, 2022.

Attorney(s) appearing for the Case

Donald E. Pinaud, Jr. , Law Office of Don Pinaud, All Florida Justice, LLC, Jacksonville, FL, argued for petitioner.

Alison Vicks , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Brian M. Boynton , Allison Kidd-Miller , Robert Edward Kirschman, Jr.

Before Lourie, Hughes, and Cunningham, Circuit Judges.

David A. Rickel appeals a decision of the Merit Systems Protection Board finding that the Department of the Navy had proven by clear and convincing evidence that it would have removed Mr. Rickel even absent his protected whistleblowing activity. Because substantial evidence supports the Board's conclusion that the agency met...

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