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McENERY v. MERIT SYSTEMS PROTECTION BD.

No. 91-3142.

963 F.2d 1512 (1992)

William C. McENERY, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and United States Postal Service, Intervenor.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 23, 1992.

Attorney(s) appearing for the Case

Alan Moss, Law Offices of Alan Moss, San Francisco, Cal., argued for petitioner.

Patricia A. Price, Merit Systems Protection Bd., Washington, D.C., argued for respondent. With her on the brief were Mary L. Jennings, Acting General Counsel and Martha B. Schneider, Asst. General Counsel.

Sheryl L. Floyd, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., represented the intervenor. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Sharon Y. Eubanks, Asst. Director, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., were on the brief for the intervenor. Also on the brief was Major Raymond Jennings, Office of the Judge Advocate General, Dept. of the Army, of counsel.

Before ARCHER, MICHEL, and PLAGER, Circuit Judges.

PLAGER, Circuit Judge.

William C. McEnery petitions for judicial review of the initial decision of the Administrative Judge (AJ) dated August 7, 1990, Docket No. SF34439010567, which upon denial of review by the Merit Systems Protection Board (MSPB or Board) became the Board's final decision. 5 C.F.R. § 1201.113(b) (1991). The AJ dismissed McEnery's appeal for lack of jurisdiction, since McEnery failed to demonstrate a reduction of pay or grade. 5 U.S.C. §...

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