Legal Opinion

Frederic W. Schwartz v. Department of Transportation

Court of Appeals for the Federal Circuit

Decided August 23, 1983No. Appeal 83-768PublishedCited by 10 opinions

1Opinion of the Court

BENNETT, Circuit Judge.

The decision of the Merit Systems Protection Board (MSPB), No. DC04328210011 (Nov. 12,1982), that it had no jurisdiction to hear petitioner’s appeal, is affirmed.

I

Petitioner, a nonpreference eligible in the excepted service, was an attorney-advisor with the National Highway Traffic Safety Administration, Department of Transportation (DOT) when he was removed from the federal service on October 2,1981, for unacceptable performance. At the time of petitioner’s removal, DOT had a performance appraisal system in effect as required by statute, 5 U.S.C. § 4302 (1982). See…

2Cases cited1 opinion

  1. Soper v. United StatesUnited States Court of Claims · 1982

3Cited by10 opinions

  1. Marcia R. Harrison v. Otis R. Bowen, Secretary, H.H.SCourt of Appeals for the D.C. Circuit · 1987
  2. Wayne Lindahl v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1983
  3. Robert L. Bradley, Jr. v. Veterans AdministrationCourt of Appeals for the Federal Circuit · 1990
  4. Florence L. Smith v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1987
  5. Mack v. United StatesDistrict Court, S.D. New York · 1986

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