No. 2009-3155.

591 F.3d 1358 (2010)

William H. ARMSTRONG, Petitioner, v. DEPARTMENT OF the TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

January 4, 2010.

Attorney(s) appearing for the Case

Kevin E. Byrnes, Schnader Harrison Segal & Lewis, LLP, of Washington, DC, argued for petitioner.

Christopher A. Bowen, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Kenneth M. Dintzer, Assistant Director.

Before MICHEL, Chief Judge, PLAGER, and LINN, Circuit Judges.

MICHEL, Chief Judge.

William Armstrong filed an untimely petition for review with the Merit Systems Protection Board (MSPB), seeking review of the Administrative Judge's (AJ's) decision dismissing his case under a settlement agreement. The MSPB declined to decide Armstrong's petition for review, finding that, because Armstrong's new evidence of fraud in the procurement of the agreement was insufficient to render the agreement...

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