HOWARD v. ARMY , No. 15-3024 (Fed. Cir. 2016)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ EARNEST HOWARD, Petitioner v. DEPARTMENT OF THE ARMY, Respondent ______________________ 2015-3024 ______________________ Petition for review of the Merit Systems Protection Board in No. SF-0752-13-0360-I-2, SF-0752-13-1822-I-1. ______________________ JUDGMENT ______________________ DAVID PAUL CLISHAM, Clisham & Sorter, San Francisco, CA, argued for petitioner. Also represented by JUSTINE LIV CLISHAM. JESSICA R. TOPLIN, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., DEBORAH A. BYNUM; MICHAEL J. RHOADES, United States Department of the Army, Scott AFB, IL. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (PROST, Chief Judge, DYK and REYNA, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT January 11, 2016 Date /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

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