Legal Opinion
Leroy T. AUSTIN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent
Court of Appeals for the Federal Circuit
Decided February 12, 1998No. 97-3036PublishedCited by 17 opinions
1Opinion of the Court
SCHALL, Circuit Judge.
Leroy T. Austin seeks review of the final decision of the Merit Systems Protection Board (Board), dismissing his petition for review for lack of jurisdiction. See Austin v. United States Postal Serv., 72 M.S.P.R. 31, 34 (1996). Because we conclude that the Board had jurisdiction to consider the petition, we reverse and remand.
BACKGROUND
I
This is a mixed case. A mixed case is an appeal to the Board from an adverse personnel action, coupled with an allegation that the action was based on prohibited discrimination. See 5 U.S.C. § 7702 (1994). 1 An employee may initiate a…
2Cases cited12 opinions
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Ex Parte McCardleSupreme Court of the United States · 1869
- Joseph F. WILLIAMS, Petitioner, v. DEPARTMENT OF the ARMY, RespondentCourt of Appeals for the Federal Circuit · 1983
- Warren S. Forest v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1995
- Krim M. Ballentine v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1984
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3Cited by17 opinions
- Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
- Robert K. Oja v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2005
- Conforto v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2013
- James E. Lang v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2000
- Holland v. Department of Health & Human ServicesDistrict Court, N.D. Georgia · 2014
12 more not listed; retrieve them via the Exa API.