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AMIN v. MERIT SYSTEMS PROTECTION BD.

Nos. 91-3271, 91-3281.

951 F.2d 1247 (1991)

Yusuf D. AMIN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Agriculture, Intervenor. Michael A. LAVENDER, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, v. UNITED STATES POSTAL SERVICE, Intervenor.

United States Court of Appeals, Federal Circuit.

December 17, 1991.

Attorney(s) appearing for the Case

Yusuf D. Amin, pro se.

Michael A. Lavender, pro se.

Mary Jennings, Merit Systems Protection Bd., Washington, D.C., argued for respondent. With her on the brief were Sara B. Rearden, Acting Asst. General Counsel and Michael K. Martin, Attorney. Of counsel were Martha B. Schneider, Patricia A. Price and Llewellyn M. Fischer. Reginal T. Blades, Jr., Dept. of Justice, of Washington, D.C., argued for intervenor. With him on the brief were David M. Cohen, Sharon Y. Eubanks and Jeanne L. Davidson.

Before ARCHER, Circuit Judge, COWEN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

COWEN, Senior Circuit Judge.

In these cases, which have been consolidated for the purposes of this decision, the court is called upon to resolve the issues presented in two distinct but related controversies.

The first issue is whether under the provisions of 5 U.S.C.A. § 7703(a)(2) (West Supp.1991), the employing agencies, rather than the Merit Systems Protection Board (MSPB or Board), should be designated as the respondent in the two appeals. This question...

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