United States Federal Circuit

Merit Systems Protection Board lacks jurisdiction over civil service employee's attempt to change retirement status where petitioner voluntarily sought and obtained disability retirement prior to his assertion of a constructive removal claim.

Appellate Information

• Decided 03/08/2001
• Published 03/08/2001

Judges

• FRIEDMAN, Senior Circuit Judge., Before SCHALL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Raymond H. Wood, of National City, CA, argued for petitioner.


• For Appellees:
  
• Lauren S. Moore, Attorney, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief was Dawn Gingerich, Office of Counsel, Supervisor of Shipbuilding, Department of the Navy, San Diego, CA.