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MAYS v. DEPARTMENT OF TRANSP.

No. 93-3527.

27 F.3d 1577 (1994)

Geneva MAYS, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

June 23, 1994.

Attorney(s) appearing for the Case

Stephen Z. Chertkof, Atty., Kator, Scott & Heller, of Washington, DC, argued for the petitioner. With him on the brief was Irving Kator.

John P. Sholar, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for the respondent. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and James M. Kinsella, Asst. Director.

Before RICH, MICHEL and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

Geneva Mays appeals the decision of the Merit Systems Protection Board (Board), Docket No. DC0752930175-I-1, which became final on August 3, 1993, 58 M.S.P.R. 448, when the Board denied review of the initial decision issued March 26, 1993. The Board dismissed Mays' appeal of her removal by the Department of Transportation (agency) for lack of jurisdiction because Mays' removal and retirement were both effective on the same date. Because the...

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