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SCHWARTZ v. DEPARTMENT OF TRANSP.

Appeal No. 83-768.

714 F.2d 1581 (1983)

Frederic W. SCHWARTZ, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 23, 1983.

Attorney(s) appearing for the Case

Edward H. Passman, Washington, D.C., for petitioner. With him on the brief was Frederic W. Schwartz, Washington, D.C., of counsel.

Robert G. Giertz, Washington, D.C., for respondent. With him on the brief was J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Washington, D.C., Carrol H. Kinsey, Jr., Springfield, Va., of counsel.

Frank Berndt, Chief Counsel, David W. Allen, Asst. Chief Counsel, Enid Rubenstein, Allan J. Kam, Attys., D.O.T., Washington, D.C., for respondent.

Before KASHIWA, BENNETT and MILLER, Circuit Judges.

BENNETT, Circuit Judge.

The decision of the Merit Systems Protection Board (MSPB), No. DC04328210011 (Nov. 12, 1982), that it had no jurisdiction to hear petitioner's appeal, is affirmed.

I

Petitioner, a nonpreference eligible in the excepted service, was an attorney-advisor with the National Highway Traffic Safety Administration, Department of Transportation (DOT) when he was removed from the federal service on October 2, 1981, for unacceptable...

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