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IRWIN v. SMALL BUSINESS ADMIN. AGENCY

No. 94-3404.

45 F.3d 417 (1995)

Susan H. IRWIN, Petitioner, v. SMALL BUSINESS ADMINISTRATION AGENCY, Respondent.

United States Court of Appeals, Federal Circuit.

January 12, 1995.

Attorney(s) appearing for the Case

Reid W. Kennedy, Marietta, GA, submitted for petitioner.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, DC, submitted for respondent. With her on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director.

Before RICH, CLEVENGER, and RADER, Circuit Judges.

RICH, Circuit Judge.

Susan H. Irwin (Ms. Irwin) seeks review of the final decision of the Merit Systems Protection Board (Board) in Docket No. AT-0432-93-0445-A-1. In an 8 April 1994 initial decision, an Administrative Judge (AJ) denied Ms. Irwin's motion for attorney fees and costs pursuant to 5 U.S.C. § 7701(g)(1) (1988), incurred in connection with the appeal of her termination for performance-based reasons. In the absence of a petition for review, the 8 April...

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