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HOWELL v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 85-2320.

785 F.2d 282 (1986)

Donnell HOWELL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, Department of Justice, Proposed Intervenor.

United States Court of Appeals, Federal Circuit.

February 13, 1986.

Attorney(s) appearing for the Case

Donnell Howell, pro se.

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

Richard K. Willard, Acting Asst. Atty. Gen. and David Cohen, Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for intervenor.

Before SMITH, NIES and BISSELL, Circuit Judges.

NIES, Circuit Judge.

ORDER

The MSPB has filed a petition for rehearing asserting two grounds therefor:

1. that the court erred in its ruling on the finality date of an MSPB decision, and

2. that, in any event, the merits of that decision were not before the court and, thus, the court could not reverse on the merits.

The Department of Justice has filed a motion to intervene and a petition...

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