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ROY v. MERIT SYSTEMS PROTECTION BD.

No. 2011-3107.

672 F.3d 1378 (2012)

Susan G. ROY, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Justice, Intervenor.

United States Court of Appeals, Federal Circuit.

March 15, 2012.

Attorney(s) appearing for the Case

Thomas G. Roth , of Mountain Lakes, NJ, argued for petitioner.

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.

Michael P. Goodman , Trial Attorney, 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 LOURIE, DYK, and PROST, Circuit Judges.

PROST, Circuit Judge.

Susan G. Roy appeals the decision of the Merit Systems Protection Board ("Board"), dismissing her appeal for lack of jurisdiction. Because we agree with the Board that Ms. Roy is not an "employee" under 5 U.S.C. § 7511(a)(1)(C)(ii), we affirm.

BACKGROUND

The relevant facts are undisputed. From January 2, 2000, until March 1, 2008, Ms. Roy worked in a permanent position as an attorney in the Department of Homeland Security...

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