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MARTIN v. DEPARTMENT OF THE AIR FORCE

No. 98-3401.

184 F.3d 1366 (1999)

Kenneth D. MARTIN, Petitioner, v. DEPARTMENT OF THE AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

July 30, 1999.

Attorney(s) appearing for the Case

Stuart A. Kirsch, Assistant General Counsel, American Federation of Government Employees, AFL-CIO, of Riverdale, Georgia, argued for petitioner.

Michal L. Tingle, 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 Anthony H. Anikeeff, Assistant Director.

Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

GAJARSA, Circuit Judge.

Kenneth D. Martin petitions for review of the decision of the Merit Systems Protection Board ("MSPB" or "Board"), Docket No. AT-0752-93-0255-X-2, Martin v. Department of the Air Force, 79 M.S.P.R. 380 (1998) ("Martin II"). In its decision, the Board granted the Office of Personnel Management's ("OPM's") request to intervene, vacated a Board decision finding agency noncompliance with the Board's November 19, 1993 decision, see...

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