Gallo v. United States

OPINION

MOODY R. TIDWELL, III, Judge:

This case is on appeal from the Merit Systems Protection Board (hereinafter cited as MSPB) which comes before the court on Defendant’s Motion for Summary Judgment and Motion to Dismiss. Plaintiff appeals an MSPB decision which held his appeal to be untimely. Plaintiff filed Notice of Appeal in the United States Court of Appeals for the Federal Circuit (CAFC); however, the CAFC granted MSPB’s motion to transfer the case to the United States Claims Court on the ground that the cause of action arose prior to the effective date of the Civil Service Reform Act,…