United States Federal Circuit

In a petition for review of a Merit Systems Protection Board decision affirming Petitioner's removal from a supervisory position with the Department of Agriculture, the petition is denied, where the administrative judge exercised sound discretion by excluding evidence on the grounds that it was nonprobative, cumulative, or likely to unduly delay the proceedings.

Appellate Information

• Decided 06/15/2009
• Published 06/15/2009

Judges

• BRYSON, Circuit Judge., Before MICHEL, Chief Judge, BRYSON, Circuit Judge, and CUDAHY, Senior Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Margaret Beebe Held, Held Law Firm, of Knoxville, TN, argued for petitioner.


• For Appellees:
  
• Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director.