United States Federal Circuit

Petition for review, of Merit Systems Protection Board decision dismissing appeal for lack of subject matter jurisdiction, denied, where plaintiff's alleged demotion stemmed from a promotion that she was not eligible to receive.

Appellate Information

• Decided 10/28/2002
• Published 10/28/2002

Judges

• PROST, Circuit Judge., Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kevin H. Graham, Shumaker, Loop, of Tampa, FL, argued for petitioner.   On the brief was Sharon M. Barrett, pro se.


• For Appellees:
  
• Patrick J. Mercurio, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Deborah A. Bynum, Assistant Director.