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MILLER v. MERIT SYSTEMS PROTECTION BOARD

Appeal No. 86-683.

794 F.2d 660 (1986)

Charles J. MILLER, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

June 18, 1986.

Attorney(s) appearing for the Case

Charles J. Miller, pro se.

Llewellyn M. Fischer, Acting General Counsel, Mary L. Jennings, Associate General Counsel for Litigation, David C. Kane, Reviewer for Litigation and Patricia A. Price, Merit Systems Protection Bd., Washington, D.C., for respondent.

Before FRIEDMAN, SMITH and NIES, Circuit Judges.

NIES, Circuit Judge.

I.

Mr. Miller, while employed with the Department of the Navy, applied for an advertised position of Equal Employment Manager with the Securities and Exchange Commission which was at a higher grade than his Navy position. On February 22, 1985, petitioner was advised that he had been selected for the position and he accepted. The first workday was scheduled for April 1, 1985. On March 6, 1985, petitioner's appointment

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