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ARTMANN v. DEPARTMENT OF INTERIOR

No. 90-3349.

926 F.2d 1120 (1991)

Joseph W. ARTMANN, Petitioner, v. DEPARTMENT OF the INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

February 20, 1991.

Attorney(s) appearing for the Case

Edwin L. Sisam, Minneapolis, Minn., submitted for petitioner.

Douglas J. Hughes, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted, for respondent. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Stephen J. McHale, Asst. Director.

Before PLAGER and RADER, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The petitioner challenges his reassignment at the same grade and pay as a "constructive demotion" over which the Merit Systems Protection Board (Board) has appellate jurisdiction as a reduction in grade. The Board held it had no jurisdiction and dismissed the appeal, because the petitioner had not satisfied the criteria for establishing that a reassignment at the same grade constituted a "constructive demotion." Artmann v. Interior...

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