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VAN WERSCH v. DEPT. OF HEALTH AND HUMAN SERVICES

No. 98-3372.

197 F.3d 1144 (1999)

Monique VAN WERSCH, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

December 15, 1999.

Attorney(s) appearing for the Case

John P. Mahoney, Passman & Kaplan, P.C., of Washington, DC, argued for petitioner. With him on the brief was Joseph V. Kaplan.

Tara A. Hurley, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

SCHALL, Circuit Judge.

Monique Van Wersch petitions for review of the final decision of the Merit Systems Protection Board (Board) that dismissed for lack of jurisdiction her appeal of her removal by the Department of Health and Human Services (agency). See Van Wersch v. Department of Health & Human Servs., 80 M.S.P.R. 470 (1998) (order). The Board dismissed Ms. Van Wersch's appeal because it concluded that, at...

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