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SMITH v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 86-574.

813 F.2d 1216 (1987)

Florence L. SMITH, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

March 16, 1987.

Attorney(s) appearing for the Case

Karen Cordry, Silver Spring, Md., argued, for petitioner. Frederick R. Troncone, Alexandria, Va., was on the brief, for petitioner.

Anita Marshall, Merit Systems Protection Bd., Washington, D.C., argued, for respondent. With her on the brief were Llewellyn M. Fischer, Acting General Counsel, Mary L. Jennings, Associate General Counsel for Litigation and Davis C. Kane, Reviewer for Litigation.

Gary Shinners, President, N.L.R.B., Washington, D.C., was on the brief, for amicus curiae.

Before BISSELL, Circuit Judge, BENNETT, Senior Circuit Judge, and ARCHER, Circuit Judge.

BENNETT, Senior Circuit Judge.

The decision of the Merit Systems Protection Board, No. DC04328510263 (April 25, 1985) (petition for review denied, 28 M.S.P.R. 593 (1985)), dismissing the petitioner's appeal for lack of jurisdiction is affirmed.

BACKGROUND

Florence Smith (Smith or petitioner), a nonpreference eligible in the excepted service, is an attorney in the General Counsel's Office of the National Labor Relations Board (NLRB or the agency)...

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