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CRUZ v. DEPARTMENT OF NAVY

No. 89-3359.

906 F.2d 689 (1990)

Julio M. CRUZ, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

June 25, 1990.

Attorney(s) appearing for the Case

Phillip R. Kete, Takoma Park, Md., argued, for petitioner.

Russell B. Kinner, of Dept. of Justice, Washington, D.C., argued, for respondent. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Peterson, atty. Of counsel was Kenneth J. Densmore, Office of the Gen. Counsel, Dept. of Navy.

Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and DUPLANTIER, District Judge.

SKELTON, Senior Circuit Judge.

Decision

Plaintiff Julio M. Cruz (Cruz) appeals from the decision of the Merit Systems Protection Board (MSPB or board), 40 M.S.P.R. 683, Docket No. SF07528810758 dismissing his appeal of his removal by the Department of the Navy (agency) from his position of Education Services Specialist for alleged insubordination and unacceptable performance of his duties for lack of jurisdiction. We reverse and remand.

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