BRYANT v. MERIT SYSTEMS PROTECTION BD.

2017-1241. 2017-1243. 2017-1245.

878 F.3d 1320 (2017)

Rob BRYANT, Brian Ferguson, Andreas Hau, Petitioners v. MERIT SYSTEMS PROTECTION BOARD, Respondent Department of Homeland Security, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: December 29, 2017.


Attorney(s) appearing for the Case

MATTHEW JAMES DOWD , Dowd PLLC, Washington, DC, argued for petitioners. Also represented by BRIAN J. LAWLER , Pilot Law PC, San Diego, CA,

JEFFREY A. GAUGER , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by BRYAN G. POLISUK , KATHERINE M. SMITH , CALVIN M. MORROW , Washington, DC.

VITO SALVATORE SOLITRO , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , L. MISHA PREHEIM.

Before Lourie, Reyna, and Taranto, Circuit Judges.


Rob Bryant, Brian Ferguson, and Andreas Hau (together, "Petitioners") seek review of the final orders of the Merit Systems Protection Board (the "Board"), dismissing their appeals for lack of jurisdiction. See Bryant v. Dep't of Homeland Sec., No. SF-4324-16-0267-I-1, 2016 WL 5372080 (M.S.P.B. Sept. 22, 2016) ("Bryant...

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