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COURSEN v. U.S. POSTAL SERVICE

No. 00-3322.

256 F.3d 1353 (2001)

Clete E. COURSEN, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

Decided July 16, 2001.

Attorney(s) appearing for the Case

Kevin A. Graham, Flook & Graham, P.C., of Liberty, Missouri, argued for petitioner.

Robert P. Sindermann, Jr., Attorney, Legal Policy Section, Law Department, United States Postal Service, of Washington, DC, argued for respondent. With him on the brief was Lori J. Dym, Attorney. Of counsel were John S. Groat, Attorney; David M. Cohen, Director; and James M. Kinsella, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge NEWMAN.

LOURIE, Circuit Judge.

Clete E. Coursen petitions for review of the final decision of the Merit Systems Protection Board dismissing his appeal for lack of jurisdiction. Coursen v. United States Postal Serv., 86 M.S.P.R. 39, No. CH-0752-99-0538-I-1 (M.S.P.B. Mar. 24, 2000) (final order). Because Coursen was not a supervisor or a management employee...

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