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CLARK v. U.S. POSTAL SERVICE

No. 92-3203.

989 F.2d 1164 (1993)

Charles CLARK, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

March 22, 1993.

Attorney(s) appearing for the Case

William B. Hamel, Helms, Cannon, Hamel & Henderson, P.A., Charlotte, NC, argued for petitioner.

Franklin E. White, Jr., Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Deputy Director. Of counsel were Alice L. Covington and Jesse L. Butler. Also on the brief was David G. Karro, Office of Labor Law, U.S. Postal Service, of counsel.

Before MICHEL, Circuit Judge, COWEN, Senior Circuit Judge, and LOURIE, Circuit Judge.

MICHEL, Circuit Judge.

Charles Clark seeks review of the December 11, 1991, decision of the Merit Systems Protection Board (MSPB or Board), on remand, in Docket No. AT07529010517-1, 51 M.S.P.R. 287 dismissing his appeal from his demotion as untimely. Because the Board did not abuse its discretion in declining to waive the deadline for filing, we affirm. The appeal, however, raises novel preliminary issues concerning adverse actions taken pursuant to last chance settlement...

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