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MUELLER v. U.S. POSTAL SERVICE

No. 95-3422.

76 F.3d 1198 (1996)

Gary F. MUELLER, Jerry E. Shechtman and Andrew T. Nulty, Petitioners, v. UNITED STATES POSTAL SERVICE, Respondent, and Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Federal Circuit.

February 20, 1996.

Attorney(s) appearing for the Case

Peter S. Leyton, Ritzert & Leyton, P.C., Fairfax, Virginia, argued for petitioners. With him on the brief was Seth C. Berenzweig.

Virginia K. Demarchi, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Kirk T. Manhardt, Assistant Director. Of counsel were R. Andrew German, Chief Counsel and Joan C. Goodrich, Senior Attorney, United States Postal Service.

Patricia A. Price, Acting Assistant General Counsel, Merit Systems Protection Board, Washington, DC, was on the brief for intervenor. With her on the brief was Mary L. Jennings, Acting General Counsel.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

In this consolidated case, Gary F. Mueller, Jerry E. Shechtman, and Andrew T. Nulty petition for review of a decision of the Merit Systems Protection Board dismissing their appeals as untimely filed. Because the Board did not abuse its discretion in finding that the petitioners failed to establish good cause to excuse their untimely filings, we affirm.

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