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SERRAO v. MERIT SYSTEMS PROTECTION BD.

No. 95-3562.

95 F.3d 1569 (1996)

Robert V. SERRAO, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

September 17, 1996.

Attorney(s) appearing for the Case

Mitchell Kastner, Schneider, Freiberger & Kastner, Red Bank, NJ, for petitioner.

William A. Cardoza, Office of General Counsel, Merit Systems Protection Board, Washington, DC, for respondent. On the brief were Mary L. Jennings, Acting General Counsel, Patricia A. Price, Acting Assistant General Counsel, and Sherry A. Armstrong, Attorney.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL. Dissenting opinion filed by Circuit Judge NEWMAN.

SCHALL, Circuit Judge.

Robert V. Serrao petitions for review of the final decision of the Merit Systems Protection Board ("Board") in Serrao v. Department of Commerce, Docket No. NY-1221-95-0317-W-1. The March 21, 1995 initial decision of the Administrative Judge ("AJ") became the final decision of the Board after Serrao failed to file a petition for...

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