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ATANUS v. MERIT SYSTEMS PROTECTION BD.

No. 05-3123.

434 F.3d 1324 (2006)

Susanne ATANUS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and General Services Administration, Intervenor.

United States Court of Appeals, Federal Circuit.

January 6, 2006.

Attorney(s) appearing for the Case

Barry A. Gomberg, Barry A. Gomberg & Associates, Ltd., of Chicago, Illinois, for petitioner.

Jeffrey A. Gauger, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, for respondent. With him on the brief were Martha B. Schneider, General Counsel, and Rosa Koppel, Deputy General Counsel.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE.

Dissenting opinion filed by Circuit Judge NEWMAN.

DECISION

LOURIE, Circuit Judge.

Susanne Atanus ("Atanus") petitions for review of the final decision of the Merit Systems Protection Board ("Board") dismissing her appeal for lack of jurisdiction. Atanus v. Gen. Serv. Admin., No. CH-0752-03-0703-I-1 (M.S.P.B. Jan.26, 2004) ("Decision"). Because Atanus elected to grieve her...

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