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SPENCER v. DEPARTMENT OF NAVY

No. 02-3344.

327 F.3d 1354 (2003)

Ronald L. SPENCER, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided May 6, 2003.

Attorney(s) appearing for the Case

Robert A. McSorley, Law Office of Robert A. McSorley, of Ventura, California, argued for petitioner.

Kathleen A. Kohl, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director.

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

PLAGER, Senior Circuit Judge.

In this appeal Petitioner Ronald L. Spencer seeks review of the dismissal of his individual right of action (IRA) appeal by the Merit Systems Protection Board (Board). He complains that he was denied a fair hearing before the Board. According to Mr. Spencer, at the hearing, the Administrative Judge (AJ) confused the issue of the Board's jurisdiction over his individual right of action appeal with the merits of his case. As a consequence...

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