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NIGG v. MERIT SYSTEMS PROTECTION BD.

No. 02-3230.

321 F.3d 1381 (2003)

Robert J. NIGG, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and United States Postal Service, Intervenor.

United States Court of Appeals, Federal Circuit.

March 10, 2003.

Attorney(s) appearing for the Case

Robert J. Nigg, of Chino, CA, pro se.

Raymond W. Angelo, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief were Martha B. Schneider, Acting General Counsel; and Stephanie M. Conley, Reviewing Attorney.

Patricia M. McCarthy, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for intervenor. On the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; Robert E. Kirschman Jr., Assistant Director; and Erin E. Powell, Trial Attorney.

Before CLEVENGER, BRYSON, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

Petitioner Robert Nigg works for the United States Postal Service as a postal inspector. When the Postal Service ruled him ineligible to receive law enforcement availability pay and suspended his receipt of such pay for a four-week period, he appealed the decertification and suspension decision to the Merit Systems Protection Board. The Board dismissed Mr. Nigg's appeal for lack of jurisdiction. We agree with the Board's legal analysis and affirm...

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