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PARRISH v. MERIT SYSTEMS PROTECTION BD.

No. 2006-3054.

485 F.3d 1359 (2007)

David M. PARRISH, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of the Interior, Intervenor.

United States Court of Appeals, Federal Circuit.

February 7, 2007.

Attorney(s) appearing for the Case

Jeffrey A. Dahl, Jeffrey A. Dahl, P.C., of Albuquerque, NM, 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 Martha B. Schneider, General Counsel, and Rosa M. Koppel, Deputy General Counsel.

John S. Groat, Attorney, David M. Cohen, Director, and Donald E. Kinner, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor.

Before LINN, Circuit Judge, FRIEDMAN and PLAGER, Senior Circuit Judges.

FRIEDMAN, Senior Circuit Judge.

The petitioner, David M. Parrish, sought to challenge before the Merit Systems Protection Board ("Board") his removal from government employment in a Reduction in Force ("RIF"). The Board dismissed the appeal for lack of jurisdiction, on the ground that, pursuant to authorizing legislation, the employing agency had adopted a personnel system that eliminated its employees' right to appeal RIFs to the Board. We conclude that in so ruling...

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