United States Federal Circuit

Petition for review of the Merit Systems Protection Board's (MSPB) dismissal, for lack of jurisdiction, of an appeal involving petitioner-air marshall's employment termination is vacated where petitioner made sufficient non-frivolous allegations that he was an employee for purposes of MSPB jurisdiction.

Appellate Information

• Decided 02/27/2006
• Published 02/27/2006

Judges

• GAJARSA, Circuit Judge., Before MICHEL, Chief Judge, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas G. Roth, of West Orange, New Jersey, argued for petitioner.


• For Appellees:
  
• Brian S. Smith, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and William F. Ryan, Assistant Director.