DELALAT v. DEPARTMENT OF AIR FORCE

No. 2008-3038.

557 F.3d 1342 (2009)

Khosrow DELALAT, Petitioner, v. DEPARTMENT OF the AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

February 23, 2009.


Attorney(s) appearing for the Case

Priya B. Viswanath, Morrison & Foerster LLP, of Washington, DC, argued for petitioner. With her on the brief was Richard S.J. Hung, of San Francisco, California.

Robert E. Chandler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Michael F. Hertz, Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director.

Before BRYSON, GAJARSA, and MOORE, Circuit Judges.


GAJARSA, Circuit Judge.

Khosrow Delalat appeals from the final decision of the Merit Systems Protection Board (MSPB) dismissing Mr. Delalat's appeal for lack of jurisdiction. Specifically, the MSPB held that, as a reemployed annuitant, Mr. Delalat did not have a right to restoration to his previous position after he recovered from a compensable injury and, therefore, did not have any statutory right to appeal to the MSPB the Air Force's failure to restore him. Because...

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