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CONFORTO v. MERIT SYSTEMS PROTECTION BD.

No. 2012-3119.

713 F.3d 1111 (2013)

Marie C. CONFORTO, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

April 18, 2013.

Attorney(s) appearing for the Case

Scott L. Zielinski , Grady and Associates, of San Diego, CA, argued for petitioner.

Katherine M. Smith , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

Dissenting opinion filed by Circuit Judge DYK.

BRYSON, Circuit Judge.

Marie C. Conforto seeks review of the Merit Systems Protection Board's dismissal of her appeal for lack of jurisdiction. Although she sought review in this court, Ms. Conforto now challenges this court's jurisdiction to hear her appeal in light of the Supreme Court's recent decision in Kloeckner v. Solis, ___ U.S. ___, 133 S.Ct. 596, 184 L.Ed.2d 433 (2012). For the reasons explained below, we conclude...

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