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BENNETT v. MERIT SYSTEMS PROTECTION BD.

No. 2010-3084.

635 F.3d 1215 (2011)

Sarah BENNETT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Veterans Affairs, Intervenor.

United States Court of Appeals, Federal Circuit.

March 30, 2011.

Attorney(s) appearing for the Case

Phillip R. Kete , Attorney at Law, of Washington, DC, argued for petitioner.

Sara B. Rearden , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

J. Hunter Bennett , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor. On the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director.

Before GAJARSA, PROST, and MOORE, Circuit Judges.

GAJARSA, Circuit Judge.

This case arises from a decision of the Merit Systems Protection Board ("MSPB"), dismissing Sarah Bennett's ("Bennett") appeal of her removal from her position as a sales clerk in the Veterans Canteen Services ("VCS"). The MSPB dismissed the appeal for lack of jurisdiction. The issue before us is whether an individual hired by the VCS pursuant to 38 U.S.C. § 7802 has appeal rights under chapters 75 and 77 of title 5. For the reasons discussed...

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