United States Federal Circuit

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Berry v. Conyers, 11-3207

In appeals brought by two employers of the Department of Defense, arising from their suspension and demotion, the decision of the Merit Systems Protection Board (Board) holding that the Supreme Court's decision in Department of the Navy v. Egan limits Board review of an otherwise appealable adverse action only if that action is based on eligibility for or a denial, revocation, or suspension of access to classified information, is reversed and remanded, as Egan prohibits Board review of agency determinations concerning eligibility of an employee to occupy a "sensitive" position, regardless of whether the position requires acess to classified information.

Appellate Information

  • Decided 08/17/2012
  • Published 08/17/2012


  • Wallach


  • United States Federal Circuit


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