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ELLISON v. MERIT SYSTEMS PROTECTION BD.

No. 92-3057.

7 F.3d 1031 (1993)

Donald B. ELLISON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

October 26, 1993.

Attorney(s) appearing for the Case

Julia Ryan Sullivan, of Parma, Ohio, argued, for petitioner. With her on the brief, was Robert S. Belovich.

Anita Marshall, Atty., Merit Systems Protection Bd., of Washington, DC, argued, for respondent. With her on the brief, were Mary L. Jennings, Deputy Gen. Counsel and Martha B. Schneider, Asst. Gen. Counsel.

Before PLAGER, LOURIE, and RADER, Circuit Judges.

LOURIE, Circuit Judge.

Donald B. Ellison petitions for review of the final decision of the Merit Systems Protection Board, Docket No. CH122191W0513, dismissing his Individual Right of Action (IRA) appeal under 5 U.S.C. § 1221(a) (Supp. III 1991) for lack of jurisdiction. Because Ellison's claim of reprisal for whistleblowing was based on a disclosure not protected under the Whistleblower Protection Act of 1989 (WPA), Pub.L. No. 101-12, 103 Stat. 16 (1989) (codified...

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