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TOYAMA v. MERIT SYSTEMS PROTECTION BD.

No. 2006-3281.

481 F.3d 1361 (2007)

Stephanie S.K.C. TOYAMA, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

March 13, 2007.

Attorney(s) appearing for the Case

William Tagupa, of Honolulu, HI, argued for petitioner.

Raymond W. Angelo, 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 Rosa M. Koppel, Deputy General Counsel. Of counsel was Joyce G. Friedman. Also of counsel were David M. Cohen, Director and Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.

Before MICHEL, Chief Judge, DYK and PROST, Circuit Judges.

PROST, Circuit Judge.

Stephanie Toyama appeals the decision of the Merit Systems Protection Board ("MSPB" or "Board") dismissing her appeal from a final agency decision of the Department of Health & Human Services ("HHS" or "agency") as untimely. Toyama v. Dep't of Health & Human Servs., No. SE0752030358-I-2, 102 M.S.P.R. 236, 2006 WL 1685804 (M.S.P.B. May 12, 2006). We reverse the MSPB decision and remand for proceedings on the merits.

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