GRAGG v. UNITED STATES

Appeal No. 83-665.

717 F.2d 1343 (1983)

Gerald P. GRAGG, Petitioner, v. The UNITED STATES, Respondent.

United States Court of Appeals, Federal Circuit.

September 15, 1983.


Attorney(s) appearing for the Case

Steven M. Angel, San Antonio, Tex., argued for petitioner.

Marsha D. Peterson, Washington, D.C., argued for respondent. With her on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner, Washington, D.C.

Before BALDWIN, MILLER and SMITH, Circuit Judges.


JACK R. MILLER, Circuit Judge.

This appeal is from the decision of the Merit Systems Protection Board ("board") sustaining an adverse action against petitioner for failure to obey an agency policy requiring its employees who wear respirators to be clean shaven, but also ordering the agency to substitute a thirty-day suspension for the penalty of removal imposed by the agency. The appeal is dismissed as untimely.

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