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ANDERSON v. DEPARTMENT OF JUSTICE

No. 93-3125.

999 F.2d 532 (1993)

Gary ANDERSON, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

August 3, 1993.

Attorney(s) appearing for the Case

Gary R. Anderson, submitted Pro Se.

Ross D. Cooper, Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, submitted for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Sharon Y. Eubanks, Asst. Director.

Before NIES, Chief Judge, RICH and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Gary Anderson petitions for review of the August 25, 1992 decision of the Administrative Judge (AJ), No. PH0752920472-I-1, dismissing his appeal as untimely filed. 56 M.S.P.R. 36. The AJ's decision became the final decision of the Merit Systems Protection Board when the Board denied review on November 30, 1992. Because we conclude that the AJ abused her discretion in determining that Anderson failed to show good cause for his untimely filing...

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