Andrew L. Tolliver v. James Deniro, Director of Veterans Administration Medical Center, Palo Alto, California
Court of Appeals for the Ninth Circuit
1Opinion of the Court
GOODWIN, Circuit Judge:
Andrew Tolliver was discharged from his job as a nursing assistant at a Veteran’s Administration (“VA”) hospital. He appeals the district court’s dismissal of his complaints on jurisdictional grounds. We vacate the order of dismissal and remand.
Tolliver challenged his discharge in a proceeding before the Merit Systems Protection Board (“MSPB”). He denied the job-related allegations that led to his discharge, and he asserted as a racial discrimination claim that he was treated disadvantageous^ because he was black. He sought reinstatement with back pay.
The presiding…
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