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BERGMAN v. DEPARTMENT OF COMMERCE

No. 92-3490.

3 F.3d 432 (1993)

Ralph R. BERGMAN, Petitioner, v. DEPARTMENT OF COMMERCE, Respondent.

United States Court of Appeals, Federal Circuit.

August 20, 1993.

Attorney(s) appearing for the Case

Ralph R. Bergman, pro se.

John K. Lapiana, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, submitted for respondent. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Anthony H. Anikeeff, Asst. Director. Of counsel was Allen D. Bruns.

Llewellyn M. Fischer, Gen. Counsel, Mary L. Jennings, Deputy Gen. Counsel, Martha B. Schneider, Asst. Gen. Counsel and Joyce G. Friedman, Atty., Merit Systems Protection Board, Washington, DC, were on the brief for amicus curiae, Merit Systems Protection Bd.

Before NIES, Chief Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

BENNETT, Senior Circuit Judge.

OPINION

Petitioner, Ralph R. Bergman, appeals from the decision of the Merit Systems Protection Board (MSPB or board), No. DE035192016321, dated June 2, 1992, dismissing his petition for review upon the grounds that it was barred by the doctrine of res judicata and lacked evidence or argument meeting the criteria for reopening or reconsidering a prior decision. We affirm.

BACKGROUND

In October 1962, petitioner...

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