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PAINE v. MERIT SYSTEMS PROTECTION BD.

No. 2006-3165.

467 F.3d 1344 (2006)

Terry N. PAINE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

November 7, 2006.

Attorney(s) appearing for the Case

Donald G. Bruce, Belcourt Law Office, of Belcourt, North Dakota, argued for petitioner.

Raymond W. Angelo, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington D.C., argued for respondent. With him on the brief were Martha B. Schneider, General Counsel, and Rosa Koppel, Deputy General Counsel.

Before MICHEL, Chief Judge, LOURIE, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Terry N. Paine petitions for review of the final decision of the Merit Systems Protection Board ("Board") that dismissed as untimely filed his appeal of his removal by the Department of Energy ("agency"). Paine v. Dep't of Energy, 100 M.S.P.R. 644 (M.S.P.B.2005) ("Final Decision"). We affirm.

DISCUSSION

I.

Mr. Paine worked as a Lineman for the agency. On August 7, 2004, he was found guilty for the second...

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