United States Federal Circuit

The Merit Systems Protection Board's jurisdiction to hear "mixed cases" does not extend beyond cases involving an "appeal" of adverse actions, but a complaint filed under the Uniformed Services Employment and Reemployment Rights Act of 1994 may be an "appeal" within the meaning of 5 USC 7702(a)(1).

Appellate Information

• Decided 02/21/2001
• Published 02/21/2001

Judges

• DYK, Circuit Judge., Before LOURIE, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Terry S. Metzenbaum, of University Heights, OH, pro se.


• For Appellees:
  
• Thomas P. Reilly, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent.   With him on the brief were David M. Cohen, Director;  and James M. Kinsella, Deputy Director.