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MANLEY v. DEPARTMENT OF AIR FORCE

No. 95-3816.

91 F.3d 117 (1996)

Nancy J. MANLEY, Petitioner, v. DEPARTMENT OF the AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

July 23, 1996.

Attorney(s) appearing for the Case

Richard A. Salzman, Kator, Scott & Heller, Washington, D.C., argued for petitioner. With him on the brief was Douglas B. Huron.

Larry E. Funk, Trial Attorney, General Litigation Division, Air Force Legal Services Agency, Arlington, Virginia, argued for respondent. Of counsel were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Joseph A. Kijewski, Assistant Director, and Virginia K. DeMarchi, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C.

Before RICH, NEWMAN, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Nancy Manley requests review of the final decision of the Merit Systems Protection Board, 68 M.S.P.R. 485 (1995), dismissing her petition for enforcement for lack of subject matter jurisdiction. Because the Board erred in determining that it lacked jurisdiction to consider Ms. Manley's petition, we reverse that decision and remand the petition to the Board.

BACKGROUND

Following an unfavorable performance evaluation...

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