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ROCHE v. U.S. POSTAL SERVICE

No. 87-3178.

828 F.2d 1555 (1987)

Ronald J. ROCHE, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

September 15, 1987.

Attorney(s) appearing for the Case

Ronald J. Roche, pro se.

C. William Lengacher, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent.

Before DAVIS, Circuit Judge, BALDWIN, Senior Circuit Judge, and SMITH, Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

Ronald J. Roche (Roche) seeks review of the final decision of the Merit Systems Protection Board (board), docket No. BN03538610201, 32 M.S.P.R. 384, dismissing for lack of jurisdiction his appeal alleging that the United States Postal Service (agency) had failed to restore him to duty following his full recovery from an on-the-job injury. We vacate and remand this case to the board for an evidentiary hearing on the issue of jurisdiction...

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