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DIAMOND v. U.S. AGENCY FOR INTERN. DEVELOPMENT

No. 96-3144.

108 F.3d 312 (1997)

Dennis G. DIAMOND, Petitioner, v. U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 26, 1997.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Scott & Heller, Washington, DC, argued for petitioner.

Stephanie M. Jackson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director.

Before ARCHER, Chief Judge, MICHEL and PLAGER, Circuit Judges.

MICHEL, Circuit Judge.

Dennis G. Diamond ("Diamond") petitions for review of the October 13, 1995 decision of the Merit Systems Protection Board ("MSPB" or "Board") holding that it did not have jurisdiction to review the action of the United States Agency for International Development ("USAID" or "agency") removing Diamond from his career position in the Senior Executive Service and placing him in the GS-15 position he had occupied prior to his appointment to the...

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