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HINTZ v. DEPARTMENT OF ARMY

No. 93-3256.

21 F.3d 407 (1994)

Gerald L. HINTZ, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

March 22, 1994.

Attorney(s) appearing for the Case

W. Craig James, Skinner, Fawcett & Mauk, Boise, ID, argued, for petitioner.

Julie A. Shubin, Attorney, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for respondent. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director. Also on the brief was Major James Rupper, Salt Lake City, UT, of counsel.

Before NIES, MAYER, and LOURIE, Circuit Judges.

MAYER, Circuit Judge.

Gerald L. Hintz appeals the February 3, 1993, decision of the Merit Systems Protection Board, No. SE315I930012-I-1, in which the board held it had no jurisdiction to hear Hintz's appeal of the termination of his appointment as a Supervisory Staff Administrator for the United States Army because he was a probationary employee at the time. We affirm.

Background

In June of 1991, while serving as an active duty reservist...

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