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KLIPP v. DEPT. OF HOMELAND SEC.

2021-1386.

34 F.4th 1326 (2022)

Robert J. KLIPP, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: May 19, 2022.

Attorney(s) appearing for the Case

Jeffrey H. Jacobson , Jacobson Law Firm, Tucson, AZ, argued for petitioner.

David Michael Kerr , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Brian M. Boynton , Claudia Burke , Martin F. Hockey, Jr.

Before Dyk, Reyna, and Stoll, Circuit Judges.

Robert Klipp appeals a decision of the Merit Systems Protection Board ("Board") denying his request for retroactive law enforcement officer ("LEO") retirement coverage for the period June 7, 2005, until November 22, 2009. In assessing whether Mr. Klipp was entitled to primary LEO credit for that period, the Board did not properly...

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