Legal Opinion
James W. Dumas v. Merit Systems Protection Board
Court of Appeals for the Federal Circuit
Decided April 25, 1986No. Appeal 85-2134PublishedCited by 40 opinions
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
James W. Dumas appeals the decision of the Merit Systems Protection Board (MSPB) that summarily dismissed his appeal on the basis that he had not sustained his burden of proof on the issue of the Board’s jurisdiction. We vacate the decision, and remand for an evidentiary hearing on the question of jurisdiction.
Background
On May 25, 1983 Mr. Dumas received a decision letter from the Department of Agriculture (agency) stating that he would be removed from the federal service on June 3, 1983 for unacceptable performance, and advising him of his right to appeal to the…
2Cases cited7 opinions
- Elias Covington v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1984
- Fruhauf Southwest Garment Co. v. United StatesUnited States Court of Claims · 1953
- Harvey M. Scharf v. Department of the Air ForceCourt of Appeals for the Federal Circuit · 1983
- Bridgett L. Burgess v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1985
- Donald R. Manning v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Roland Spruill v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
- David E. Tippett v. United StatesCourt of Appeals for the Federal Circuit · 1999
- Margaret J. Schultz v. United States NavyCourt of Appeals for the Federal Circuit · 1987
- Chester I. Staats v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1996
- Michael W. Alvarado v. Ronald D. Picur, Special Administrator of the Estate of Robert Curry, 1Court of Appeals for the Seventh Circuit · 1988
35 more not listed; retrieve them via the Exa API.