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JAMES v. F.E.R.C.

Appeal No. 84-979.

755 F.2d 154 (1985)

Earl L. JAMES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Federal Circuit.

February 8, 1985.

Attorney(s) appearing for the Case

Barry J. Rosenthal, Rockville, Md., for petitioner.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Alvin A. Schall, Dept. of Justice, Washington, D.C., for respondent.

Before NIES, NEWMAN and BISSELL, Circuit Judges.

ON PETITION FOR REHEARING

ORDER

The government has filed a petition for rehearing alleging that statements in the court's opinion, reported at 747 F.2d 1581 (Fed.Cir.1984), inaccurately describe the review process before the Merit Systems Protection Board (board) as a two-step procedure. In the opinion, the court rejected the government's argument that Mr. James was barred from raising certain issues on appeal because...

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