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HARDY v. U.S. POSTAL SERVICE

No. 95-3633.

76 F.3d 366 (1996)

Thaddeus HARDY, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

February 5, 1996.

Attorney(s) appearing for the Case

Thaddeus Hardy, Philadelphia, Pennsylvania, submitted pro se.

Janet E. Noble, United States Postal Service, Washington, D.C., submitted for respondent. Of counsel was David M. Cohen, Director, Department of Justice, Washington, D.C.

Before NEWMAN, CLEVENGER, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Mr. Thaddeus Hardy seeks review of the decision of the Merit Systems Protection Board, No. PH0752950061-I-1, dismissing his petition to reopen a prior appeal as untimely filed. We vacate the dismissal for untimeliness, and remand for determination of whether he has stated a claim on which relief can be granted and, if he has, determination of the merits of his claim.

DISCUSSION

Mr. Hardy was a Motor Vehicle Operator...

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