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WARD v. MERIT SYSTEMS PROTECTION BD.

No. 92-3154.

981 F.2d 521 (1992)

F. Prescott WARD, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

December 4, 1992.

Attorney(s) appearing for the Case

Peter B. Broida, Cohen, Broida & Associates, Arlington, VA, argued, for petitioner.

Joyce G. Friedman, Attorney, Merit Systems Protection Board, Washington, DC, argued, for respondent. With her on the brief were Mary L. Jennings, Acting General Counsel and Martha B. Schneider, Asst. General Counsel. Of counsel were David M. Cohen and James M. Kinsella, Dept. of Justice, Washington, DC.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The petitioner, Dr. F. Prescott Ward, filed an individual right of action appeal to the Merit Systems Protection Board (Board) pursuant to the Whistleblower Protection Act of 1989, Pub.L. No. 101-12, 103 Stat. 16 (1989), alleging that his agency's failure to appoint him to a higher grade position constituted a reprisal against him for his whistleblowing activities. On the government's motion, the Board dismissed the appeal for lack...

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