SCHAFER v. DEPARTMENT OF INTERIOR

No. 95-3489.

88 F.3d 981 (1996)

David K. SCHAFER, Petitioner, v. DEPARTMENT OF The INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

June 27, 1996.


Attorney(s) appearing for the Case

Edward H. Passman, Passman & Kaplan, P.C., Washington, D.C., argued for petitioner. With him on the brief was Kristin D. Alden.

Laurel A. Loomis, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Joseph A. Kijewski, Assistant Director.

Before PLAGER, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.


SCHALL, Circuit Judge.

David K. Schafer petitions for review of the March 29, 1995 award of the arbitrator in FMCS File No. 94-24457. In his award, the arbitrator ruled that the failure of the Department of the Interior, Bureau of Indian Affairs (the "agency"), to renew Schafer's contract as an elementary school teacher was not arbitrable. We dismiss the appeal for lack of jurisdiction.

BACKGROUND

The facts are not in dispute. Schafer was employed...

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