SANNIER v. MERIT SYSTEMS PROTECTION BD.

No. 90-3463.

931 F.2d 856 (1991)

Adrian V. SANNIER, Allen C. Youngblood, and Bruce S. King, Petitioners, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

April 23, 1991.


Attorney(s) appearing for the Case

Adrian V. Sannier and Allen C. Youngblood, Office of Hearings & Appeals, Lansing, Mich., argued, for petitioners. Bruce S. King, Office of Hearings & Appeals, Lansing, Mich., was on the brief, for petitioners.

Agnes M. Brown, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With her on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Terrence S. Hartman, Asst. Director. Also on the brief, was Daniel Edelman, Dept. of Health & Human Services, Washington, D.C., of counsel.

Joseph B. Kennedy, Washington, D.C., represented the amicus curiae, Federal Administration Law Judges Conference.

Before MARKEY, MICHEL, and RADER, Circuit Judges.


MICHEL, Circuit Judge.

Petitioners appeal the final decision of the Merit Systems Protection Board ("MSPB" or "Board"), In re Sannier, et al., 45 M.S.P.R. 420 (1990), dismissing their action for lack of subject matter jurisdiction on the ground that petitioners had not alleged sufficient facts to establish constructive removal from their positions as Administrative Law Judges. If petitioners had made allegations sufficient...

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