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MCINTOSH v. DEPT. OF DEFENSE

2019-2454.

53 F.4th 630 (2022)

Elfina MCINTOSH, Petitioner v. DEPARTMENT OF DEFENSE, Respondent. Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: November 9, 2022.

Attorney(s) appearing for the Case

Philip Sheng , Davis Polk & Wardwell LLC, Menlo Park, CA, argued for petitioner. Also represented by Corey M. Meyer , New York, NY.

Galina I. Fomenkova , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Allison Kidd-Miller .

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

Before Lourie, Bryson, and Hughes, Circuit Judges.

The Department of Defense removed Elfina McIntosh from her position. Ms. McIntosh alleged she was removed for protected whistleblowing activity. The Merit Systems Protection Board sustained the removal and concluded that the Department would have removed her even absent her protected whistleblowing activity. She now challenges...

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