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ROSE v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Appeal No. 83-738.

721 F.2d 355 (1983)

Sheila T. ROSE, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

November 18, 1983.

Attorney(s) appearing for the Case

Sheila T. Rose, Potomac, Md., pro se.

Alexander Younger, Washington, D.C., for respondent. J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen and Frances L. Nunn, Washington, D.C., were on the brief for respondent.

Before SMITH, and NIES, Circuit Judges, and KELLAM, Senior District Judge.

NIES, Circuit Judge.

Petitioner Rose appeals from a decision of the Merit Systems Protection Board (MSPB) dismissing her appeal for lack of jurisdiction. The MSPB held that neither an agency's placement of an employee in AWOL status nor an agency's issuance of a notice of proposed removal is an appealable agency action. The MSPB further held that the placement of an employee in AWOL status did not constitute a "suspension," the latter being appealable under 5 U.S...

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