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MUNSON v. MERIT SYSTEMS PROTECTION BD.

No. 02-3171.

318 F.3d 1358 (2003)

Gene M. MUNSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

February 3, 2003.

Attorney(s) appearing for the Case

Gene M. Munson, of Arlington, VA, pro se.

Sara B. Rearden, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC. With her on the brief was Martha B. Schneider, Acting General Counsel. Of counsel was Jeffrey A. Gauger, Attorney.

Before BRYSON, LINN, and PROST, Circuit Judges.

LINN, Circuit Judge.

Gene M. Munson ("Munson") seeks review of a final decision by the Merit Systems Protection Board ("Board") dismissing as untimely his appeal of the constructive denial by the Department of Commerce ("agency") of Munson's request for reconsideration of the denial of a within-grade increase scheduled for October 2, 1994. See Munson v. Dep't of Commerce, 90 M.S.P.R. 583 (M.S.P.B. 2002) ("Final Decision"). The Board dismissed Munson's appeal...

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