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WOLF v. DEPARTMENT OF VETERANS AFFAIRS

No. 01-3046.

317 F.3d 1395 (2003)

Michael J. WOLF, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: January 28, 2003.

Attorney(s) appearing for the Case

Michael J. Wolf, of Newport Beach, CA, appearing pro se.

Wanda Rubianes-Collazo, Trial Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, for respondent. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Kathryn A. Bleecker, Assistant Director.

Before NEWMAN, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

PROST, Circuit Judge.

Michael J. Wolf, M.D., petitions for review of the final decision of the Merit Systems Protections Board ("Board"), Docket No. SF0351990647-I-1, 87 M.S.P.R. 33, dismissing his appeal from a reduction in force ("RIF") action by the Department of Veterans Affairs ("the agency") for lack of jurisdiction. Because Dr. Wolf does not...

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