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JOHNSON v. U.S. POSTAL SERVICE

No. 94-3604.

64 F.3d 233 (1995)

Robert E. JOHNSON, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; Marvin Runyon, Postmaster General, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1995.

Attorney(s) appearing for the Case

Bruce B. Elfvin (argued and briefed), Elfvin & Besser, Cleveland, OH, for Robert E. Johnson.

William J. Kopp, Asst. U.S. Atty., Office of the U.S. Attorney, Cleveland, OH, Janet E. Noble (argued and briefed), U.S. Postal Service, Appellate Div., Washington, DC, for U.S. Postal Service.

Janet E. Noble, U.S. Postal Service, Appellate Div., Washington, DC, for Anthony M. Frank and Marvin Runyon.

Before: MARTIN, GUY, and DAUGHTREY, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Robert E. Johnson appeals from the district court's grant of summary judgment for the Postal Service in his action to review a final decision of the Merit Systems Protection Board under 5 U.S.C. § 7703. On appeal, Johnson claims that the court erred in relying upon unauthenticated exhibits attached to the summary judgment motion and that the period in which to appeal an adverse decision of the Merit Systems Protection Board...

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