Legal Opinion

Smith v. United States Postal Service

Court of Appeals for the Federal Circuit

Decided November 7, 2003No. 03-3122Published

1Per curiam

James E. Smith (“Smith”) seeks review of the final decision of the Merit Systems Protection Board (“Board”), dismissing for *339lack of jurisdiction his appeal for restoration rights. See Smith v. United States Postal Serv., No. DA-0353-01-0341-I-1 (M.S.P.B. February 26, 2002) (initial decision) {“Smith”). Because the Board’s decision was supported by substantial evidence and was not arbitrary or capricious, an abuse of discretion, procedurally deficient, or otherwise not in accordance with the law, we affirm.

BACKGROUND

Smith began employment with the Postal Service on August 8, 1981, and worked…

2Cases cited7 opinions

  1. Elias Covington v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1984
  2. Bridgett L. Burgess v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1985
  3. Vivien L. Minor v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1987
  4. Gary F. Mueller, Jerry E. Shechtman and Andrew T. Nulty v. United States Postal Service, and Merit Systems Protection Board, IntervenorCourt of Appeals for the Federal Circuit · 1996
  5. Larry D. Starkey v. Department of the NavyCourt of Appeals for the Federal Circuit · 2000

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