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WALLACE v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 83-1425.

728 F.2d 1456 (1984)

Alfred O. WALLACE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

March 2, 1984.

Attorney(s) appearing for the Case

Robert L. Bertram, Jamestown, Ky., argued, for petitioner. With him on the brief was M. Gail Wilson, Jamestown, Ky.

Sharon Y. Eubanks, Washington, D.C., argued, for respondent. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner, Asst. Director and Michael T. Paul, Washington, D.C.

Carolyn Lynch, Asst. Counsel, United States Army Corps of Engineers, Washington, D.C. of counsel.

Before DAVIS, SMITH and NIES, Circuit Judges.

NIES, Circuit Judge.

The decision of the Merit Systems Protection Board (board or MSPB) dismissing petitioner's appeal to the board on the grounds of untimeliness is reversed.1

The board held that petitioner failed to meet his burden of proof of showing that good cause existed for a waiver of time requirements in connection with the filing of his appeal to the board. We hold that the appeal was timely filed and that the...

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