POETT v. MERIT SYSTEMS PROTECTION BD.

No. 02-3204.

360 F.3d 1377 (2004)

Joseph R. POETT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

Decided March 18, 2004.


Attorney(s) appearing for the Case

Joan Harvill, International Law Center of D.C., of Arlington, Virginia, argued for petitioner.

Jeffrey A. Gauger, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief were Martha B. Schneider, General Counsel; and Calvin M. Morrow, Reviewing Attorney. Of counsel was Stephanie Conley, Attorney.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.


MICHEL, Circuit Judge.

Joseph Poett appeals from the final decision of the Merit Systems Protection Board ("Board") dismissing his petition for enforcement of an October 18, 1995 settlement agreement as untimely because the Administrative Judge ("AJ") held the petition was not filed within a reasonable time after he learned of the alleged breach. Poett v. Dep't of Agric., No. SL0752950449-C-3, 2002 WL 235695 (Feb. 12, 2002). The AJ found, based on Mr. Poett...

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