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FRANCISCO v. OFFICE OF PERSONNEL MANAGEMENT

No. 02-3028.

295 F.3d 1310 (2002)

Bienvenido R. FRANCISCO, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 27, 2002.

Attorney(s) appearing for the Case

Bienvenido Francisco, of Dinalupihan, Bataan, Philippines, pro se.

Erin E. Powell, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director. Of counsel on the brief was Earl Sanders, Special Counsel, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

Bienvenido Francisco seeks review of the decision of the Merit Systems Protection Board ("Board") dismissing his appeal for lack of jurisdiction. Francisco v. Office of Pers. Mgmt., SE-1221-01-033-W-1 (M.S.P.B. Aug. 30, 2001). Because Francisco's report of publicly known information concerning alleged errors in the adjudicative process did not constitute a protected disclosure within the meaning of the Whistleblower Protection Act of 1989...

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