McCARLEY v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 84-1502.

757 F.2d 278 (1985)

Robert McCARLEY, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

March 20, 1985.


Attorney(s) appearing for the Case

Phillip R. Kete, Washington, D.C., argued for petitioner.

Terrance S. Hartman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Washington, D.C.

Major William S. Trivette, Dept. of the Army, Washington, D.C., of counsel.

Before BENNETT, NIES and BISSELL, Circuit Judges.


BENNETT, Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board, 21 M.S.P.R. 780 which became final on June 11, 1984. That decision dismissed McCarley's appeal for lack of jurisdiction. We affirm.

The legal issue to be resolved by this appeal is one that has not previously been before this court. Mr. McCarley was selected for the GS-3 position of Lead Ration Control Monitor with the Directorate of Personnel and Community Activities...

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