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KASARSKY v. MERIT SYSTEMS PROTECTION BD.

No. 02-3006.

296 F.3d 1331 (2002)

Stephen J. KASARSKY, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

July 17, 2002.

Attorney(s) appearing for the Case

C.B. Weiser, from Marshall, TX, for petitioner.

Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief were Lynn A. Jennings, General Counsel; and Martha B. Schneider, Deputy General Counsel.

Before LINN, Circuit Judge, PLAGER, Senior Circuit Judge, and PROST, Circuit Judge.

LINN, Circuit Judge.

Stephen J. Kasarsky seeks review of the final decision of the Merit Systems Protection Board ("Board") that dismissed as untimely Kasarsky's petition for enforcement of a settlement agreement covering attorney fees. Kasarsky v. United States Postal Serv., MSPB Docket No. AT-0752-97-0483-C-1 (Initial Decision, June 29, 2001). Because the Board's decision is not in accordance with law, we reverse and remand.

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