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PERRY v. DEPARTMENT OF ARMY

No. 92-3438.

992 F.2d 1575 (1993)

Janice PERRY, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

May 11, 1993.

Attorney(s) appearing for the Case

Neil C. Bonney, Neil C. Bonney & Associates, of Virginia Beach, VA, submitted for petitioner. Of counsel were M. Jefferson Euchler and Charles H. Allenberg.

Brad Fagg, Commercial Litigation Branch, Dept. of Justice, of Washington, DC, submitted for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Martha H. DeGraff, Asst. Director. Also on the brief was Captain Loriann Campanella, Dept. of The Army, of counsel.

Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges.

ARCHER, Circuit Judge.

Janice Perry appeals from the decision of the Merit Systems Protection Board (MSPB or board) dismissing her petition to enforce a settlement agreement against the Department of the Army. Perry v. Department of the Army, 54 M.S.P.R. 45 (MSPB 1992). We reverse and remand.

I.

In 1989, the Army demoted Perry from her GS-5 position and she appealed that adverse action to the MSPB. In September 1989, Perry and the Army entered...

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