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FABISIAK v. U.S. POSTAL SERVICE

No. 2009-3271.

MARTA FABISIAK, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: January 14, 2010.

Attorney(s) appearing for the Case

Marta Fabisiak, of Simi Valley, California, pro se.

Daniel Rabinowitz, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director.

Before MICHEL, Chief Judge, NEWMAN and RADER, Circuit Judges.

This disposition is nonprecedential.

NEWMAN, Circuit Judge.

Ms. Marta Fabisiak appeals the decision of the Merit Systems Protection Board, Docket No. SF-0353-09-0224-I-1, dismissing her appeal for lack of jurisdiction. We affirm the dismissal, not on jurisdictional grounds, but for failure to establish the premises of her claim that she was wrongfully denied restoration to light duty employment.

BACKGROUND

Ms. Fabisiak...

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