Jeffery S. Musselman v. Department of the Army

United States Court of Appeals
for the Federal Circuit
______________________
JEFFERY S. MUSSELMAN,
Petitioner
v.
DEPARTMENT OF THE ARMY,
Respondent
______________________
2016-2522
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-1221-14-0499-W-3.
______________________
ON PETITION FOR HEARING EN BANC
______________________
ROBERT J. G AJARSA , Latham & Watkins LLP, Wash-
ington, DC, filed a petition for hearing en banc for peti-
tioner Jeffery S. Musselman. Also represented by
G ABRIEL BELL , SAVANNAH K ENT B URGOYNE, MICHAEL J.
G ERARDI, EMILY K. SAUTER.
MARIANA T ERESA A CEVEDO, Commercial Litigation
Branch, Civil Division, United States Department of
Justice, Washington, DC, filed a response to the petition
for respondent Department of the Army. Also represented
by CHAD A. READLER , ROBERT E. K IRSCHMAN, J R., CLAUDIA
BURKE; REBECCA E. AUSPRUNG, United States Army
Litigation Division, Fort Belvoir, VA.

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MUSSELMAN v. ARMY 2
Before P ROST , Chief Judge, N EWMAN, L OURIE, D YK,
O’MALLEY , REYNA, WALLACH , T ARANTO, CHEN, HUGHES ,
and STOLL , Circuit Judges.∗
WALLACH , Circuit Judge, with whom N EWMAN and
O’MALLEY , Circuit Judges, join, dissent from the denial of
the petition for hearing en banc for the reasons stated in
the dissent from denial of the petition for rehearing en
banc in Fedora v. Merit Systems Protection Board, No. 15-
3039.
STOLL , Circuit Judge, dissents without opinion from the
denial of the petition for hearing en banc.
P ER CURIAM .
O R D E R
Petitioner Jeffery S. Musselman filed a petition for in-
itial hearing en banc. A response to the petition was
invited by the court and filed by respondent Department
of the Army. The petition and response were referred to
the circuit judges who are in regular active service.
Upon consideration thereof,
I T I S O RDERED T HAT :
The petition for initial hearing en banc is denied.
F OR THE COURT
July 20, 2017 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
∗ Circuit Judge Moore did not participate.

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