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MICALIZZI v. RUMSFELD

No. 2:00-CV-473.

247 F.Supp.2d 556 (2003)

Frank MICALIZZI, Plaintiff, v. Donald RUMSFELD, Secretary of Defense, United States of America and Merlin Express, Inc. Defendants.

United States District Court, D. Vermont.

January 2, 2003.

Attorney(s) appearing for the Case

E. William Leckerling, III, Christina A. Jensen, Lisman, Webster, Kirkpatrick & Leckerling, P.C., Burlington, VT, for Plaintiff.

Paul J. Van de Graaf, Office of the United States Attorney, District of Vermont, Burlington, VT, Laura E. Spatz, Haynes & Boone, San Antonio, TX, Michael W. Fox, Haynes and Boone, LLP, Austin, TX, Geoffrey J. Vitt, Vitt & Rattigan, PLC, Norwich, VT, for Defendant.

OPINION AND ORDER

SESSIONS, Chief Judge.

This action stems from the termination of Frank Micalizzi's employment at Merlin Express, Inc. ("Merlin"). After his discharge Micalizzi filed an administrative complaint against Merlin with the Department of Defense ("DOD"), pursuant to 10 U.S.C. § 2409a (1988 ed. Supp. V, 1993) (repealed 1994), which prohibited discrimination against defense contractor whistleblowers. DOD determined that the complaint...

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