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DeSANTIS v. NAPOLITANO

No. CIV 08-1205 JB/KBM.

716 F.Supp.2d 1100 (2010)

Christopher DeSANTIS, Plaintiff, v. Janet NAPOLITANO, Secretary of Homeland Security, Defendant.

United States District Court, D. New Mexico.

May 20, 2010.

Attorney(s) appearing for the Case

David Mark Conrad, Spring, TX, Ronald Tonkin, Houston, TX, Cori A. Harbour, Harbour Law Firm, P.C., El Paso, TX, for the Plaintiff.

Gregory J. Fouratt, United States Attorney, Phyllis A. Dow, Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, for the Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Appeal of the Final Decision (Order) of the Merit System Protection Board, filed January 20, 2010 (Doc. 3 6). The Court held a hearing on April 29, 2010. This case is an appeal from two decisions of the Merit Systems Protection Board ("MSPB"). The primary issue is whether the Court should uphold the action of the MSPB affirming an...

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