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HAYES v. U.S. POSTAL SERVICE

No. 03-3326, 04-3005.

390 F.3d 1373 (2004)

Robert E. HAYES, Vincent T. Albers, Jr., Andrew H. Conover, Lawrence M. Doherty, Ronald K. Heaberlin, Willie L. Lamb, Walter L. Moore, Jr., Bernard G. Oeltman, and Geraldine Pettit, Petitioners, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

December 8, 2004.

Attorney(s) appearing for the Case

Anton G. Hajjar, O'Donnell, Schwartz & Anderson, P.C., of Washington, DC, argued for petitioners.

Steven M. Mager, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Todd M. Hughes, Assistant Director, and Kelly B. Weiss, Attorney. Of counsel on the brief was Christopher J. Burton, Attorney, Commercial and Appellate Litigation, United States Postal Service, of Washington, DC. Of counsel was John S. Groat, Attorney, Civil Division.

Before MICHEL, CLEVENGER, and BRYSON, Circuit Judges.

MICHEL, Circuit Judge.

Vincent Albers, Jr., Andrew Conover, Lawrence Doherty, Ronald Heaberlin, Willie Lamb, Walter Moore, Jr., Bernard Oeltman, and Geraldine Pettit (collectively, the "Albers petitioners"), as well as Robert Hayes, petition for judicial review of the decision of the Merit Systems Protection Board ("Board") dismissing their appeals for lack of jurisdiction. Burger v. United States Postal Serv., 93 M.S.P.R. 582 (2003). In Burger, the...

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