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DOWD v. UNITED STATES

Appeal No. 83-582.

713 F.2d 720 (1983)

James B. DOWD, Jr., Petitioner, v. The UNITED STATES, Respondent.

United States Court of Appeals, Federal Circuit.

August 1, 1983.

Attorney(s) appearing for the Case

James E. Maxfield, Washington, D.C., argued, for petitioner.

R. Anthony McCann, Washington, D.C., argued, for respondent. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Washington, D.C.

Before MILLER, Circuit Judge, SKELTON, Senior Circuit Judge, and SMITH, Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

Petitioner claims that time-in-grade restrictions were improperly applied to him by the Department of the Army, resulting in its refusal to consider him for a position for which he was otherwise eligible. The Merit Systems Protection Board (board) denied relief on the ground that it lacked jurisdiction of claims arising out of time-in-grade restrictions. We reverse.

Petitioner was a Management Auditor at the GS-7 level with...

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