Marshall v. Department of Health and Human Services
Court of Appeals for the Federal Circuit
1Opinion of the Court
MOORE, Circuit Judge.
Raymond Marshall appeals from a final decision of the Merit Systems Protection Board (MSPB), which dismissed his petition for enforcement of a prior MSPB order requiring that the Department of Health and Human Services (HHS) reconstruct a selection process for a position in the competitive service. See Marshall v. Dep’t of Health & Human Servs., 111 M.S.P.R. 1 (2008) (Marshall V). For the reasons set forth below, we reverse and remand.
BACKGROUND
Despite the lengthy, tortured procedure due to disagreements between HHS and the MSPB over how to remedy the government’s error,…
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