PEREZ v. ARMY AND AIR FORCE EXCHANGE SERVICE

Nos. 80-2472, 81-1080.

680 F.2d 779 (1982)

Amalio M. PEREZ, Petitioner, v. ARMY AND AIR FORCE EXCHANGE SERVICE and Merit Systems Protection Board, Respondents. Mary A. WALTERS, Petitioner, v. DEPARTMENT OF THE NAVY and Merit Systems Protection Board, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 1982.

As amended June 4, 1982.


Attorney(s) appearing for the Case

Charles A. Hobbie, Washington, D. C., with whom James R. Rosa, Washington, D. C., was on the brief, for petitioners.

Robert A. Reutershan, Atty., Dept. of Justice, Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, Royce C. Lamberth, Kenneth M. Raisler and Scott T. Kragie, Asst. U. S. Attys., Washington, D. C., Irene Jackson, Asst. Gen. Counsel, Army and Air Force Exchange Service, and Marian H. Harris, Associate Chief Trial Atty., Dept. of the Navy, Washington, D. C., were on the brief, for respondents.

Jane M. Edmisten, Atty., Merit Systems Protection Board, Washington, D. C., entered an appearance and filed a statement in lieu of brief for respondent, Merit Systems Protection Bd.

Before WRIGHT and WILKEY, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

Petitioners in these consolidated cases1 appealed their job terminations to the Merit Systems Protection Board ("MSPB" or "Board"), and now challenge in this court the Board's determination that, by reason of petitioners' status as nonappropriated fund employees, it lacked jurisdiction under the Civil Service Reform Act of 1978 to hear those...

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