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DRAKE v. AGENCY FOR INTERN. DEVELOPMENT

No. 2008-3048.

543 F.3d 1377 (2008)

Matthew R. DRAKE, Petitioner, v. AGENCY FOR INTERNATIONAL DEVELOPMENT, Respondent.

United States Court of Appeals, Federal Circuit.

October 7, 2008.

Attorney(s) appearing for the Case

Nicholas Woodfield, The Employment Law Group, P.C., of Washington, DC, argued for petitioner. With him on the brief was R. Scott Oswald.

Todd M. Hughes, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and David D'Alessandris, Trial Attorney.

Before MICHEL, Chief Judge, MOORE, Circuit Judge, and O'GRADY, District Judge.

MOORE, Circuit Judge.

Mathew R. Drake appeals a final decision of the Merit Systems Protection Board (MSPB or Board) finalizing an initial decision denying his request for corrective action. Drake v. Agency for Int'l Dev., 107 M.S.P.R. 251 (2007). Because the administrative judge (AJ) erred in concluding that Mr. Drake had not made a protected disclosure under 5 U.S.C. § 2302(b)(8), we reverse and remand.

BACKGROUND

Mr. Drake, a Foreign...

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