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TUNIK v. MERIT SYSTEMS PROTECTION BD.

Nos. 03-3286, 03-3330 and 03-3331.

407 F.3d 1326 (2005)

Lloyd TUNIK, Petitioner, and Verrell Dethloff, Thomas S. Robinson, Marguerite Schellentrager, Karen Baker, Bryan Bernstein, and Tela L. Gatewood, Petitioners, and Joseph Schloss, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Social Security Administration, Intervenor.

United States Court of Appeals, Federal Circuit.

DECIDED: May 11, 2005.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Parks & Weiser, P.L.L.C., of Washington, DC, argued for petitioners.

Calvin M. Morrow, 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 Stephanie M. Conley, Reviewing Attorney.

Douglas K. Mickle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director. Of counsel on the brief was Shawn S. McGruder, Office of General Counsel, Social Security Administration, of Baltimore, Maryland.

Sally M. Tedrow, O'Donoghue & O'Donoghue LLP, of Washington, DC, for amici curiae Association of Administrative Law Judges, IFPTE, AFL-CIO, et al.

Joyce E. Kitchens, Kitchens/New, L.L.C., of Atlanta, Georgia, for amicus curiae Federal Bar Association.

Before LOURIE, SCHALL, and LINN Circuit Judges.

Opinion for the Court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge SCHALL.

LINN, Circuit Judge.

Lloyd L. Tunik ("Tunik"), Verrell Dethloff et al. ("Dethloff"), and Joseph Schloss ("Schloss") petition for review of the Merit Systems Protection Board's ("Board") dismissal of each of their appeals for lack of jurisdiction. Tunik v. Social Sec. Admin., 93 M.S.P.R. 482 (2003); Dethloff v. Social Sec. Admin., 93 M.S.P.R. 574...

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