McCARTHY v. MERIT SYSTEMS PROTECTION BD.

No. 2015-3072.

809 F.3d 1365 (2016)

Robert J. McCARTHY, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

January 14, 2016.


Attorney(s) appearing for the Case

Paula Naomi Dinerstein , Public Employees for Environmental Responsibility, Washington, DC, argued for petitioner.

Michael Anton Carney , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by Bryan G. Polisuk .

Before PROST, Chief Judge, LOURIE and WALLACH, Circuit Judges.


Robert McCarthy, who was formerly employed as a supervisory attorney for the United States International Boundary and Water Commission (the "Commission" or the "USIBWC"), appeals from a denial by the Merit Systems Protection Board ("Board") of his motion to reopen his appeal. For the reasons discussed below, this court affirms...

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