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AUSTIN v. MERIT SYSTEMS PROTECTION BD.

No. 97-3036.

136 F.3d 782 (1998)

Leroy T. AUSTIN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

February 12, 1998.

Attorney(s) appearing for the Case

Robert E. Bergman, Attorney, Warner Robins, GA, submitted on briefs for petitioner.

Sara B. Rearden, Attorney, Office of General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. With her on the brief were Mary L. Jennings, General Counsel and Martha B. Schneider, Assistant General Counsel.

Before MAYER, Chief Judge, SCHALL, and BRYSON, Circuit Judges.

SCHALL, Circuit Judge.

Leroy T. Austin seeks review of the final decision of the Merit Systems Protection Board (Board), dismissing his petition for review for lack of jurisdiction. See Austin v. United States Postal Serv., 72 M.S.P.R. 31, 34 (1996). Because we conclude that the Board had jurisdiction to consider the petition, we reverse and remand.

BACKGROUND

I.

This is a mixed case. A mixed case is an appeal to the Board from an...

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