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DUNCAN v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 86-671.

795 F.2d 1000 (1986)

Timothy D. DUNCAN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

July 22, 1986.

Attorney(s) appearing for the Case

Lee A. Morrison, San Diego, Cal., submitted for petitioner.

Anita Marshall, of the Merit Systems Protection Bd., Washington, D.C., submitted for respondent. With her on brief were Lewellyn M. Fischer, Acting General Counsel and Mary L. Jennings, Associate General Counsel for Litigation, Merit Systems Protection Bd., Washington, D.C.

Before MARKEY, Chief Judge, DAVIS and SMITH, Circuit Judges.

DAVIS, Circuit Judge.

This is the somewhat unhappy tale of a federal employee apparently whipsawed between the Merit Systems Protection Board (MSPB or Board) and the arbitrator, both deciding that they would not hear petitioner Duncan's case on the merits since he had also sought relief from the other tribunal, 29 M.S.P.R. 72. Because the MSPB was not responsible for placing petitioner in this predicament, we affirm its decision with the hope that in the future better...

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