Adrian v. Sannier, Allen C. Youngblood, and Bruce S. King v. Merit Systems Protection Board
Court of Appeals for the Federal Circuit
1Opinion of the Court
MICHEL, Circuit Judge.
Petitioners appeal the final decision of the Merit Systems Protection Board (“MSPB” or “Board”), In re Sannier, et al., 45 M.S.P.R. 420 (1990), dismissing their action for lack of subject matter jurisdiction on the ground that petitioners had not alleged sufficient facts to establish constructive removal from their positions as Administrative Law Judges. If petitioners had made allegations sufficient to establish constructive removal, they would have been entitled to prior hearings and determinations of “good cause,” as required by 5 U.S.C. § 7521 (1988), before agency…
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