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JARMAN v. DEPARTMENT OF NAVY

No. 96-3390.

144 F.3d 794 (1998)

Garland D. JARMAN, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

May 20, 1998.

Attorney(s) appearing for the Case

Robert A. Parks, The Parks Law Offices, Jacksonville, NC, for Petitioner.

Lance J. Lerman, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for respondent. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Anthony H. Anikeeff, Assistant Director.

Before RICH, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The only question we decide is whether the Merit Systems Protection Board ("Board") correctly dismissed for lack of jurisdiction the petitioner's appeal challenging his removal by the Department of the Navy. The answer, as we explain, turns on whether in rescinding a prior removal the Navy had returned the petitioner to the status quo ante. We hold that the Navy had not restored him to the status quo ante and that the Board therefore...

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