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CARROW v. MERIT SYSTEMS PROTECTION BD.

No. 2008-3267.

564 F.3d 1359 (2009)

Rickey D. CARROW, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Veterans Affairs, Intervenor.

United States Court of Appeals, Federal Circuit.

May 1, 2009.

Attorney(s) appearing for the Case

Rickey D. Carrow, of Pinetown, NC, pro se.

Joyce G. Friedman, Acting Associate General Counsel, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With her on the brief was B. Chad Bungard, General Counsel.

Scott T. Palmer, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor. With him on the brief were Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director.

Before BRYSON, LINN, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

Rickey D. Carrow petitions for review of a decision of the Merit Systems Protection Board dismissing his appeal for lack of jurisdiction. We vacate and remand for further proceedings.

I

Mr. Carrow entered the federal competitive service as an orthotist for the Department of the Army in September 2001. After five years of continuous service with the Army, he applied for an orthotist-prosthetist position that had been advertised...

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