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CONNOR v. U.S. POSTAL SERVICE

No. 93-3082.

15 F.3d 1063 (1994)

Charles R. CONNOR, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

February 4, 1994.

Attorney(s) appearing for the Case

Charlie R. Connor, of Dallas, Texas, submitted Pro Se.

Alice L. Covington, Attorney, United States Postal Service, of Washington, DC, submitted for respondent. With her on the brief were Stuart M. Gerson, Assistant Attorney General and R. Andrew German, Chief Counsel, Department of Justice, of Washington, DC. Of counsel were Brad Fagg, Terrence S. Hartman and David M. Cohen, Department of Justice, of Washington, DC.

Before NIES, Chief Judge, SMITH, Senior Circuit Judge, and MICHEL, Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge.

Charles R. Connor appeals the 23 October 1992 order of the Merit Systems Protection Board (Board)1 dismissing his appeal as untimely filed. We vacate the order and remand the case to the Board with instructions to dismiss Connor's appeal for lack of jurisdiction.

Issue

The dispositive issue here, rather than timeliness of the appeal to the Board, is whether the Board had subject...

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