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HORNER v. BURNS

Appeal Nos. 85-2025, 85-2308.

783 F.2d 196 (1986)

Constance HORNER, Director, Office of Personnel Management, Petitioner, v. James F. BURNS, Keith T. Werts, and John W. Clarke, Respondents.

United States Court of Appeals, Federal Circuit.

February 11, 1986.

Attorney(s) appearing for the Case

Eva Plaza, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for petitioner. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan and Sara V. Greenberg. Joseph A. Morris, General Counsel and Carrol H. Kinsey, Jr., O.P.M., Washington, D.C., of counsel.

Paul Drachler, Gibbs, Douglas, Theiler and Drachler, Seattle, Wash., argued for respondents Burns and Werts. With him on the brief was Samuel J. Imperati, Aitchison, Imperati, Paull, Barnett and Sherwood, Portland, Oregon, Harry D. Shargel, Philadelphia, Pa., for respondent John W. Clarke.

Marsha E. Mouyal, Reviewer for Litigation, Merit Systems Protection Board, Washington, D.C., argued for intervenor. With her on the brief were Evangeline W. Swift, General Counsel and Mary L. Jennings, Associate General Counsel for Litigation.

Before FRIEDMAN, BENNETT, and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

This petition to review, filed by the Director of the Office of Personnel Management (Director), challenges two orders of the Merit Systems Protection Board (Board) denying the Director's request that the Board reconsider and reopen its decision in three cases in which it mitigated the penalties imposed upon an employee. We affirm in two of those cases and dismiss the appeal in the third case for lack of jurisdiction.

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