ALEXANDER v. U.S. POSTAL SERVICE

No. 00-3415.

264 F.3d 1067 (2001)

Joseph D. ALEXANDER, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: August 29, 2001.


Attorney(s) appearing for the Case

Jose Luis Ongay, of Philadelphia, PA, argued for petitioner.

Hillary A. Stern, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Todd Hughes, Assistant Director. Of counsel on the brief were Eric J. Scharf, Managing Counsel for Civil Practice; and Brian M. Riemer, Attorney, United States Postal Service, of Washington, DC.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

This case involves two issues: whether the Merit Systems Protection Board (Board) correctly ruled (1) that the petitioner Joseph D. Alexander had disobeyed his supervisor's order to return to work (thereby violating an agreement that had settled a prior removal action the Postal Service had instituted against him) and (2) that in the settlement agreement Alexander had waived the right to appeal...

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