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HOPKINS v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 83-1245.

725 F.2d 1368 (1984)

Tyler HOPKINS, Jr., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

January 23, 1984.

Attorney(s) appearing for the Case

Daniel Blum, Bethesda, Md., argued for petitioner. With him on brief was Louis Fireison, Bethesda, Md.

Robert A. Reutershan, Washington, D.C., argued for respondent, J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director, Washington, D.C., and Beacham O. Brooker, Jr., Bethesda, Md., were on brief, for respondent; James Bennett, McLean, Va., of counsel.

Mary M. Jennings, Washington, D.C., argued for Merit Systems Protection Bd. on respondent's motion to reform caption.

Before MILLER and SMITH, Circuit Judges, and RE, Judge.

EDWARD S. SMITH, Circuit Judge.

Petitioner Hopkins appeals from a decision by the Merit Systems Protection Board (MSPB) dismissing his request for attorney fees on the grounds of untimeliness. Additionally, the Department of Justice (Justice) and the MSPB have raised the matter of who is the proper respondent in this and similar cases. Finally, Justice has moved to dismiss on the grounds that Hopkins' petition constitutes...

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