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WOMACK v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 85-1292.

798 F.2d 453 (1986)

John WOMACK, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

May 13, 1986.

Attorney(s) appearing for the Case

Dick Flume, Flume & Flume, San Antonio, Tex., submitted for petitioner.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Stuart James, Dept. of Justice, Washington, D.C., submitted for respondent.

Before FRIEDMAN, SMITH and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

I

On August 29, 1981, the Federal Aviation Administration removed the petitioner as an air traffic controller because of his participation in the illegal air traffic controllers strike. On February 9, 1982, the petitioner filed an appeal with the Board. Because the appeal was not filed within 20 days of the removal, as the Board regulations require, 5 C.F.R. § 1201.22 (1982), the Board's regional director invited the petitioner...

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