Legal Opinion
Kim L. Hamilton v. Merit Systems Protection Board
Court of Appeals for the Federal Circuit
Decided January 26, 1996No. 94-3195PublishedCited by 11 opinions
1Opinion of the Court
NIES, Senior Circuit Judge.
I
The appeal of Kim L. Hamilton to the Merit Systems Protection Board, Docket No. DC-0752-93-0669-1-1 (January 5,1994), was dismissed sua sponte by the Administrative Judge for untimely filing. The full Board refused to consider Hamilton’s petition for review accompanied by evidence showing her appeal was timely. Because of serious questions regarding the Board’s procedures and ruling on timeliness, the panel requested additional briefing on the following issues:
May the Merit Systems Protection Board, sua sponte, raise the issue of the untimeliness of an appeal to…
2Cases cited16 opinions
- American Farm Lines v. Black Ball Freight ServiceSupreme Court of the United States · 1970
- Juanita C. Mendoza v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
- Joseph F. WILLIAMS, Petitioner, v. DEPARTMENT OF the ARMY, RespondentCourt of Appeals for the Federal Circuit · 1983
- G.K. Phillips v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1982
- National Labor Relations Board v. Monsanto Chemical CompanyCourt of Appeals for the Eighth Circuit · 1953
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Danise J. Whittington v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1996
- Robert C. Williamson v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2003
- Sherman L. Smith v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1999
- Toyama v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2007
- Hubbard v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2010
6 more not listed; retrieve them via the Exa API.