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COLLINS v. MERIT SYSTEMS PROTECTION BD.

No. 92-3240.

978 F.2d 675 (1992)

James COLLINS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

October 20, 1992.

Attorney(s) appearing for the Case

William J. Lafferty, Lafferty & Lafferty, Boston, Mass., submitted for petitioner.

Anita K. Marshall, Attorney, Merit Systems Protection Board, Washington, D.C., submitted for respondent. With her on the brief were Mary L. Jennings, Acting General Counsel and Martha B. Schneider, Asst. General Counsel. Of counsel was Martha H. DeGraff.

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

FRIEDMAN, Senior Circuit Judge.

The Department of Transportation promoted the petitioner, an air traffic controller, to supervisor, subject to a one-year probationary period. Upon concluding that the petitioner had not performed his supervisory duties properly, the agency cancelled his promotion and he reverted to his lower grade nonsupervisory position. The Merit Systems Protection Board (Board) dismissed his appeal from that action for lack of jurisdiction, because...

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