CLARKE v. DVA , No. 14-3103 (Fed. Cir. 2015)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ COLIN CLARKE, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent MERIT SYSTEMS PROTECTION BOARD, Intervenor ______________________ 2014-3103 ______________________ Petition for review of the Merit Systems Protection Board in No. NY-1221-10-0226-W-2, NY-1221-11-0169-W2. ______________________ JUDGMENT ______________________ JOYCE E. KITCHENS, Kitchens New Cleghorn LLC, Atlanta, GA, for petitioner. TANYA KOENIG, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent. Also represented by JOYCE R. BRANDA, ROBERT E. KIRSCHMAN, JR., ALLISON KIDDMILLER. KATRINA LEDERER, Office of the General Counsel, Merit Systems Protection Board, Washington, DC, for intervenor. Also represented by BRYAN G. POLISUK. GREGORY GIACCIO, United States Office of Special Counsel, Washington, DC, for amicus curiae United States Office of Special Counsel. Also represented by CAROLYN N. LERNER, ERIC BACHMAN, LOUIS LOPEZ. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, CLEVENGER, and MOORE, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT December 11, 2015 Date /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

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