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MILLER v. DEPARTMENT OF ARMY

No. 92-3396.

987 F.2d 1552 (1993)

Charlotte A. MILLER, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

March 2, 1993.

Attorney(s) appearing for the Case

Donald B. Potter, Portland, OR, submitted for petitioner.

Virginia M. Lum, Dept. of Justice, Washington, DC, submitted for respondent. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Martha H. DeGraff, Asst. Director and Scott E. Ray, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, were on the brief for respondent. Of counsel was Steven L. Schooner, Dept. of Justice. Also on the brief was Dana K. Chipman, Office of the Judge Advocate Gen., Dept. of the Army, of counsel.

Before MAYER, PLAGER, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Charlotte A. Miller petitions for review of the April 2, 1992 final decision of the Merit Systems Protection Board, 53 M.S.P.R. 471, Docket Nos. SE531D8810564 and SE07528810565, dismissing her mixed-case appeal as untimely filed. Because the Board erred in determining that 5 U.S.C. § 7702(f) (1988) was not applicable to her appeals, we reverse.

BACKGROUND

Ms. Miller was employed as a Military Personnel Clerk, GS-05, with...

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