Dr. R. Michael Harding v. Department of Veterans Affairs
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge GAJARSA.
Dissenting opinion filed by Circuit Judge SCHALL.
DECISION
GAJARSA, Circuit Judge.
Dr. R. Michael Harding (“Dr.Harding”) appeals from a final decision of the Merit Systems Protection Board (the “Board”) dismissing for lack of jurisdiction his claim for retaliatory termination under the Whistleblower Protection Act (the “WPA”). Harding v. Dep’t of Veterans Affairs, 98 M.S.P.R. 296 (2005) (“Final Decision ”). Because we conclude that the Board’s decision was not in accordance with law, we hereby reverse and remand the case for further…
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