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TORAIN v. U.S. POSTAL SERVICE

No. 95-3805.

83 F.3d 1420 (1996)

Ira F. TORAIN, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

May 16, 1996.

Attorney(s) appearing for the Case

Ira F. Torain, New York City, pro se.

Donald E. Kinner, David M. Cohen, Director, and Jeanne Davidson, Assistant Director, Commercial Litigation Branch, Department of Justice, Washington, D.C., submitted, for respondent. Of counsel was Brian M. Reimer, United States Postal Service, Appellate Division, Washington, D.C.

Before ARCHER, Chief Judge, and RICH, and MAYER, Circuit Judges.

ARCHER, Chief Judge.

Ira F. Torain (Torain) petitions for judicial review of the decision of the Merit Systems Protection Board (MSPB or board), dismissing his appeal for lack of jurisdiction. The board held that Torain voluntarily accepted the United States Postal Service's (USPS or agency) offer to him of a cash incentive for vacating his supervisory position and returning to a craft position. The board concluded that it...

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