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SARGENT v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 00-3180.

229 F.3d 1088 (2000)

Merle S. SARGENT, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

October 24, 2000.

Attorney(s) appearing for the Case

Merle S. Sargent, of Eagle Butte, South Dakota, pro se.

Richard G. Bergeron, Office of the General Counsel, Department of Health and Human Services, of Washington, DC, for respondent. Of counsel were Agnes M. Brown, Trial Attorney; David M. Cohen, Director; and James M. Kinsella, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC.

Before PLAGER, BRYSON, and DYK, Circuit Judges.

PER CURIAM.

Merle Sargent seeks review of the decision of the Merit Systems Protection Board dismissing his appeal on the basis of an oral settlement agreement with the Department of Health and Human Services (the Department). Petitioner claims that no settlement was actually reached, or alternatively, that the settlement was not voluntary. Because these issues concerning the settlement were not raised before the Board, we affirm the decision of the Merit Systems...

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