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WALLEY v. DEPARTMENT OF VETERANS AFFAIRS

No. 01-3114.

279 F.3d 1010 (2002)

Cynthia K. WALLEY, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 13, 2002.

Attorney(s) appearing for the Case

James E. Nickels, of Sherwood, Arkansas, argued for petitioner.

Timothy P. McIlmail, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Mark A. Melnick, Assistant Director; and M. Jocelyn Lopez Wright, Attorney.

Before MAYER, Chief Judge, LOURIE and DYK, Circuit Judges.

DYK, Circuit Judge.

Petitioner Cynthia K. Walley seeks review of the final decision of the Merit Systems Protection Board ("MSPB" or "Board") dismissing her appeal for "lack of jurisdiction." Because Ms. Walley failed to establish that the Board erred in concluding that she had not been denied restoration rights under 5 C.F.R. § 353.301(d), we affirm the Board's decision dismissing Ms. Walley's appeal.

BACKGROUND

On April 16, 1995, Ms. Walley...

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