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BACA v. DEPT. OF THE ARMY

No. 19-9536.

983 F.3d 1131 (2020)

Larry BACA, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent. Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Tenth Circuit.

FILED December 22, 2020.

Attorney(s) appearing for the Case

Andrew B. Indahl , Altura Law Firm, Albuquerque, New Mexico for Petitioner.

Domenique Kirchner , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice ( Joseph H. Hunt , Assistant Attorney General; Robert E. Kirschman, Jr. , Director, United States Department of Justice, Civil Division, National Courts Section; Elizabeth M. Hosford , Assistant Director, United States Department of Justice, Civil Division, National Courts Section, with her on the brief), Washington, D.C., for Respondent.

Tristan L. Leavitt , General Counsel; Katherine M. Smith , Deputy General Counsel; Stephen Fung , Attorney, Office of the General Counsel, Merit Systems Protection Board, Washington, D.C, for Intervenor.

Before BACHARACH, SEYMOUR, and McHUGH, Circuit Judges.

ORDER

This matter is before us on Petitioner's Petition for Rehearing En Banc or Panel Rehearing. Petitioner's request for panel rehearing is granted in part to the extent of the modifications in the attached revised opinion. The court's September 2, 2020 opinion is withdrawn and replaced by the attached revised opinion, which shall be filed as of today's date. Because the panel's decision to partially grant rehearing resulted in only non-substantive changes...

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