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DEDRICK v. BERRY

No. 2009-1082.

573 F.3d 1278 (2009)

Edward C. DEDRICK, Plaintiff-Appellant, v. John BERRY, Director, Office of Personnel Management, Defendant-Appellee, and Pete Geren, Secretary of the Army, Defendant.

United States Court of Appeals, Federal Circuit.

July 21, 2009.

Attorney(s) appearing for the Case

Edward C. Dedrick, of North East, MD, pro se.

Dawn E. Goodman, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director.

Before NEWMAN, GAJARSA, and DYK, Circuit Judges.

GAJARSA, Circuit Judge.

This case presents us with a fundamental question of this court's jurisdiction over cases that include claims of discrimination. The United States District Court for the District of Maryland ("the district court") transferred to this court a disability retirement claim, which had previously been adjudicated by the Merit Systems Protection Board ("the Board"). Dedrick v. Springer, No. 07-CV-0429 (D.Md. Jan. 11, 2008) ("Transfer

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