VAN WERRY v. MERIT SYSTEMS PROTECTION BD.

No. 92-3560.

995 F.2d 1048 (1993)

John G. VAN WERRY, Jr., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

June 4, 1993.


Attorney(s) appearing for the Case

Frank G. Aschmann, Aschmann & Aschmann, Alexandria, VA, argued for petitioner. With him on the brief was Charles G. Aschmann, Jr.

Michael K. Martin, Atty., Merit Systems Protection Board, Washington, DC, argued for respondent. With him on the brief were Llewellyn M. Fischer, Gen. Counsel and Martha B. Schneider, Asst. Gen. Counsel. Of counsel were David M. Cohen and Terrence S. Hartman, Dept. of Justice, Washington, DC.

Before NIES, Chief Judge, RICH, Circuit Judge, and SKELTON, Senior Circuit Judge.


SKELTON, Senior Circuit Judge.

Petitioner John G. Van Werry, Jr., petitions for review of the decision of the Merit Systems Protection Board (MSPB or board) in Docket No. DC1221920200-W-1, dated March 5, 1992, dismissing for lack of jurisdiction his appeal of his performance rating of the Defense Intelligence Agency (DIA). Petitioner alleged that he was given a low rating by the DIA in retaliation for a whistle-blowing complaint that he had made against another employee...

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