Geneva Mays v. Department of Transportation
Court of Appeals for the Federal Circuit
1Opinion of the Court
MICHEL, Circuit Judge.
Geneva Mays appeals the decision of the Merit Systems Protection Board (Board), Docket No. DC0752930175-I-1, which became final on August 3, 1993, 58 M.S.P.R. 448, when the Board denied review of the initial decision issued March 26, 1993. The Board dismissed Mays’ appeal of her removal by the Department of Transportation (agency) for lack of jurisdiction because Mays’ removal and retirement were both effective on the same date. Because the Board wrongly interpreted 5 U.S.C. § 7701(j) (Supp. V 1993), which gives the Board jurisdiction over “any case involving a removal”…
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