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KERR v. MERIT SYSTEMS PROTECTION BD.

2017-2538.

908 F.3d 1307 (2018)

Leslie A. KERR, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent

United States Court of Appeals, Federal Circuit.

Decided: November 15, 2018.

Attorney(s) appearing for the Case

STEPHANI AYERS , Law Office of S.L. Ayers, Medford, OR, argued for petitioner. Also represented by THAD McINTOSH GUYER , T.M. Guyer & Friends, PC, Medford, OR.

JEFFREY GAUGER , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by TRISTAN LEAVITT , KATHERINE MICHELLE SMITH .

Before Prost, Chief Judge, Dyk and Moore, Circuit Judges.

Leslie A. Kerr petitions for review of the Merit Systems Protection Board's ("MSPB's" or "Board's") dismissal of her claim under the Whistleblower Protection Act of 1989 ("WPA"), 5 U.S.C. § 1201 et seq., as untimely filed without good cause for the delay. Because the MSPB abused its discretion in rejecting Kerr's claim of...

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