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WILLIAMS v. MERIT SYSTEMS PROTECTION BD.

2017-1535 2017-1663.

892 F.3d 1156 (2018)

Derek T. WILLIAMS, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent. United States Postal Service, Intervenor. Harris L. Winns, Petitioner v. Merit Systems Protection Board, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: June 11, 2018.

Attorney(s) appearing for the Case

PAUL MICHAEL SCHOENHARD , McDermott, Will & Emery LLP, Washington, DC, argued for petitioner in 2017-1535. Also represented by REBECCA HARKER DUTTRY , NICOLE JANTZI , ELIZABETH LOUISE BURKE TETER .

HARRIS L. WINNS, San Jose, CA, pro se, in 2017-1663.

STEPHEN FUNG , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent in 2017-1535. Also represented by BRYAN G. POLISUK , KATHERINE M. SMITH , JEFFREY A. GAUGER .

CALVIN M. MORROW , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, for respondent in 2017-1663. Also represented by BRYAN G. POLISUK , KATHERINE M. SMITH .

MOLLIE LENORE FINNAN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor in 2017-1535. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , REGINALD T. BLADES, JR. ; NADIA K. PLUTA , Office of General Counsel, United States Office of Personnel Management, Washington, DC; MORGAN E. REHRIG , Office of General Counsel, United States Postal Service, Washington, DC.

Before Dyk, Hughes, and Stoll, Circuit Judges.

Derek Williams and Harris Winns, both former employees of the United States Postal Service, were removed from their positions at the agency. They both separately sought review of their removals by the Merit Systems Protection Board. Only certain federal employees, as defined by statute, however, can seek review at the Board...

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