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DICK v. DEPARTMENT OF VETERANS AFFAIRS

No. 01-3102.

290 F.3d 1356 (2002)

Earl P. DICK, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

May 17, 2002.

Attorney(s) appearing for the Case

Lynne K. Zusman, Lynne K. Zusman and Associates, of Washington, DC, argued for petitioner.

Virginia M. Lum, Attorney, Commercial Litigation Branch, Civil Division, 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 Harold Lester, Assistant Director.

Before CLEVENGER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

Dr. Earl P. Dick ("appellant") seeks review of the final decision of the Merit Systems Protection Board ("Board") dismissing his appeal for "lack of jurisdiction." Because the Board had jurisdiction based on appellant's non-frivolous allegations, and because appellant did not waive a hearing on the merits, we vacate and remand.

I

Appellant served as Chief of Staff at the Department of Veterans Affairs Harry S. Truman Memorial...

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