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WILLIAMSON v. M.S.P.B.

No. 02-3349.

334 F.3d 1058 (2003)

Robert C. WILLIAMSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

July 2, 2003.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Parks & Weiser, P.L.L.C., of Washington, DC, argued for petitioner.

Sara B. Rearden, Attorney, Office of General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were Martha B. Schneider, Acting General Counsel; and Stephanie M. Conley, Reviewing Attorney. Of counsel were David M. Cohen, Director; James M. Kinsella, Assistant Director, and Scott Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC.

Before NEWMAN, GAJARSA, and PROST, Circuit Judges.

PROST, Circuit Judge.

Robert C. Williamson ("Williamson") petitions for review of the decision of the Merit Systems Protection Board ("Board"), No. AT0831000852-I-2, 2002 WL 1338102, dismissing his appeal with prejudice as untimely. For the reasons discussed herein, we reverse and remand.

I. BACKGROUND

Williamson applied to the Department of Justice ("Justice") for law enforcement officer service credit for work he performed at the Drug Enforcement...

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