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MATTERN v. DEPARTMENT OF TREASURY

No. 01-3253.

291 F.3d 1366 (2002)

Max T. MATTERN, Petitioner, v. DEPARTMENT OF THE TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

May 30, 2002.

Attorney(s) appearing for the Case

Aaron M. Nisenson, Henrichsen Siegel, P.L.L.C., of Washington, DC, argued for petitioner. With him on the brief was Colleen M. Leyrer.

Bryant S. Banes, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Todd M. Hughes, Assistant Director. Of counsel was Kenneth S. Kessler, Attorney.

Before MICHEL, GAJARSA, and DYK, Circuit Judges.

MICHEL, Circuit Judge.

Petitioner Max T. Mattern ("Mattern") appeals from a decision of the Merit Systems Protection Board ("Board"), 88 M.S.P.R. 65 (2001), concluding that it lacked jurisdiction to hear an enforcement petition challenging the agency's denial of back pay for the time period pre-dating the agency's adverse personnel action (removal) which was overturned. We affirm.

BACKGROUND

Mattern, an officer employed by the Department of the Treasury...

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