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ANTAL v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 84-960.

775 F.2d 287 (1985)

Joseph A. ANTAL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

October 17, 1985.

Attorney(s) appearing for the Case

Robert J. Matthews, Feasterville, Pa., argued for petitioner.

Calvin M. Morrow, Merit Systems Protection Bd., Washington, D.C., argued for respondent. With him on the brief were Evangeline W. Swift, Gen. Counsel and Mary L. Jennings, Associate Gen. Counsel, for Litigation.

Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

COWEN, Senior Circuit Judge.

Petitioner seeks review of the final order of the Merit Systems Protection Board (MSPB or Board), Docket No. PH831L8110519, in which the Board held that it has no jurisdiction under 5 U.S.C. § 7701(g) to award attorney's fees in employee-initiated disability retirement cases. For the reasons stated, the decision of the Board is reversed and the case is remanded.

I.

Petitioner applied for disability retirement annuity...

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