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ALVARADO v. WYNNE

No. CIV 06-0807 JB/ACT.

626 F.Supp.2d 1140 (2009)

Angel ALVARADO, Plaintiff, v. Michael W. WYNNE, Secretary, Department of the Air Force, Defendants.

United States District Court, D. New Mexico.

May 4, 2009.

Attorney(s) appearing for the Case

Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Plaintiff/Appellant.

Gregory J. Fouratt, United States Attorney, Michael H. Hoses, Assistant United States Attorney, Albuquerque, NM, Michele Alaine Forte, Air Force Legal Operations Agency, Civil Litigation Directorate, Arlington, VA, for Defendant/Appellee.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiff's Revised Opening Brief (Judicial Review of U.S. Merit Systems Protection Board Decision), filed March 31, 2008 (Doc. 21). The Court held a hearing on February 5, 2009. The primary issue is whether the Merit Systems Protection Board ("MSPB") erred in determining that substantial evidence supported the Air Force's charge...

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