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REID v. MERIT SYSTEMS PROTECTION BD.

No. 2007-3056.

508 F.3d 674 (2007)

Robena G. REID, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Transportation, Intervenor.

United States Court of Appeals, Federal Circuit.

November 19, 2007.

Attorney(s) appearing for the Case

James S. DelSordo, Argus Legal, LLC, of Manassas, VA, 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 B. Chad Bungard, General Counsel, Rosa M. Koppel, Deputy General Counsel, and Sara B. Rearden, Attorney.

Allison Kidd-Miller, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor. On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Todd M. Hughes, Assistant Director, and Steven J. Abelson, Attorney.

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

LOURIE, Circuit Judge.

Robena G. Reid appeals from the decision of the Merit Systems Protection Board ("Board") dismissing her Individual Right of Action ("IRA") appeal for lack of jurisdiction. Reid v. Dep't of Transp., DC-1221-06-0503-W-1, 103 M.S.P.R. 664 (M.S.P.B. Sept. 28, 2006) (initial decision dated June 7, 2006). Because the Board's decision was not in accordance with law, we reverse and remand for further proceedings.

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