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CARROW v. MERIT SYSTEMS PROTECTION BD.

No. 2010-3061.

626 F.3d 1348 (2010)

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

United States Court of Appeals, Federal Circuit.

December 3, 2010.

Attorney(s) appearing for the Case

Geoffrey P. Eaton , Winston & Strawn LLP, of Washington, DC, argued for petitioner. With him on the brief were Gene C. Schaerr and Linda K. Leibfarth.

Calvin M. Morrow , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel. Of counsel was Joyce G. Friedman.

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

Before BRYSON, DYK, and MOORE, Circuit Judges.

BRYSON, Circuit Judge.

Rickey D. Carrow petitions for review of a decision of the Merit Systems Protection Board, on remand from this court, dismissing his appeal for lack of jurisdiction. We affirm.

I

The facts of this case are set out in our opinion on Mr. Carrow's previous appeal to this court. Carrow v. Merit Sys. Prot. Bd., 564 F.3d 1359 (Fed.Cir.2009). In brief summary, Mr. Carrow served for five...

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