479 F.3d 830 John E. KIRKENDALL, Petitioner,v.DEPARTMENT OF the ARMY, Respondent. No. 05-3077. United States Court of Appeals, Federal Circuit. March 7, 2007. Thomas Dupree, Jr., Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for petitioner. With him on the brief were Theodore B. Olson, and Henry C. Whitaker. Kathryn A. Bleecker, Assistant Director, […]