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GUTKOWSKI v. U.S. POSTAL SERVICE

No. 2007-3022.

505 F.3d 1324 (2007)

David L. GUTKOWSKI, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

October 23, 2007.

Attorney(s) appearing for the Case

Peter G. Loftus, The Loftus Law Firm, P.C., of Waverly, Pennsylvania, argued for petitioner.

Ray E. Donahue, Attorney, Appellate Division, United States Postal Service, of Washington, DC, argued for respondent. On the brief was Lori J. Dym, Chief Counsel. Also on the brief was Peter D. Keisler, Acting Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.

Before DYK and MOORE, Circuit Judges, and COTE, District Judge.

COTE, District Judge.

David L. Gutkowski ("Gutkowski") petitions for review of the final decision of the Merit Systems Protection Board ("Board"), dismissing his petition for enforcement of a prior Board order. Gutkowski v. U.S. Postal Serv., PH-0752-01-0218-C-3 (M.S.P.B. Aug. 3, 2006). We affirm.

BACKGROUND

Effective March 19, 2001, the United States Postal Service ("agency") removed petitioner from his position of Supervisor Level 16, Customer...

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