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.
Read the full decision in Fellhoelter v. Dep’t of Agriculture, No. 2008-3244.
Before MICHEL, Chief Judge, BRYSON, Circuit Judge, and CUDAHY, Senior Circuit Judge. The Honorable Richard D. Cudahy, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit, sitting by designation.
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