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                     No. 23-861

3hn the Supreme Court of the aniteb 6tate


            NICK FELICIANO, PETITIONER
                         V.

          DEPARTMENT   OF TRANSPORTATION


                ON WRIT OF CERTIORARI
        TO THE UNITED STATES COURT OFAPPEALS
              FOR THE FEDERAL CIRCUIT


            BRIEF FOR THE  RESPONDENT


                           ELIZABETH B. PRELOGAR
                           Solicitor General
                              Counsel of Record
                           BRIAN M. BOYNTON
                           Principal Deputy Assistant
                             Attorney General
                           BRIAN H. FLETCHER
                           Deputy Solicitor General
                           NICOLE FRAZER REAVES
                           Assistant to the Solicitor
                              General
                           PATRICIA M. MCCARTHY
                           CLAUDIA BURKE
                           GEOFFREY M. LONG
                           Attorneys
                           Department ofJustice
                           Washington, D.C. 20530-0001
                           SupremeCtBriefs @usdoj. gov
                           (202) 514-2217

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