HERRING v. MERIT SYSTEMS PROTECTION BD.

No. 2013-3170.

778 F.3d 1011 (2015)

Ramona Gill HERRING, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

February 18, 2015.


Attorney(s) appearing for the Case

Mathew B. Tully , Tully Rinckey PLLC, Washington, DC, argued for petitioner. Also represented by Steven L. Herrick .

Sara B. Rearden , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by Bryan G. Polisuk .

Opinion for the court filed by Circuit Judge WALLACH. Dissenting opinion filed by Circuit Judge REYNA.


Petitioner Ramona Gill Herring ("Petitioner") appeals a Final Order of the Merit Systems Protection Board ("MSPB" or "Board"), dismissing her appeal as untimely filed without good cause. Because, under the circumstances of this case, the MSPB abused its discretion in determining Ms. Herring had not demonstrated good cause...

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