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YOUNG v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 85-2309.

776 F.2d 1027 (1985)

James E. YOUNG, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

November 6, 1985.

Attorney(s) appearing for the Case

James E. Young, Knoxville, Tenn., submitted pro se.

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

Before MARKEY, Chief Judge, and FRIEDMAN and BENNETT, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is a petition to review the decision of the Merit Systems Protection Board (Board) denying the petitioner's motion for attorney fees. We affirm.

I

A. In 1982, the petitioner appealed to the Board the actions of the Department of Energy (Department) (a) denying him a within-grade pay increase, and (b) removing him for unsatisfactory performance. The petitioner alleged that those actions were motivated by racial discrimination...

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