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LACKHOUSE v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 85-2141.

773 F.2d 313 (1985)

Raymond G. LACKHOUSE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Internal Revenue Service, and Office of Personnel Management, Respondents.

United States Court of Appeals, Federal Circuit.

September 23, 1985.

Attorney(s) appearing for the Case

Raymond G. Lackhouse, pro se.

Evangeline W. Swift, Gen. Counsel, Mary L. Jennings, Associate Gen. Counsel for Litigation and Paul G. Streb, Merit Systems Protection Agency, Washington, D.C., submitted for respondent Merit Systems Protection Bd.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted on behalf of respondents Office of Personnel Management and I.R.S.

James S. Green, Asst. Gen. Counsel and Garry M. Ewing, Office of Gen. Counsel, Office of Personnel Management, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, DAVIS and BISSELL, Circuit Judges.

DAVIS, Circuit Judge.

We face a reprise of petitioner Raymond Lackhouse's claim that, as a veteran preference eligible, he was illegally refused selection for a post by the Internal Revenue Service (IRS). In our first decision, we held the then record too sparse and inadequate for us even to consider the position of the Merit Systems Protection Board (MSPB or Board) that it lacked jurisdiction over this case, and therefore we vacated the Board's initial decision and...

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