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WHITTINGTON v. MERIT SYSTEMS PROTECTION BD.

95-3587.

80 F.3d 471 (1996)

Danise J. WHITTINGTON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

March 29, 1996.

Attorney(s) appearing for the Case

Danise J. Whittington, Roanoke, Virginia, submitted pro se.

Melissa Mehring, Merit Systems Protection Bd., Washington, DC, submitted for respondent.

Before NEWMAN, Circuit Judge, SMITH, Senior Circuit Judge and CLEVENGER, Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge.

Decision

Danise J. Whittington petitions for review of the final decision of the Merit Systems Protection Board ("Board"), Docket No. PH-0752-95-0171-I-1 and PH-0752-95-0272-I-1, dismissing her appeal as untimely filed.1 Because the Board failed to apply the proper legal standard or make sufficient factual findings relevant to Ms. Whittington's mixed case2

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