United States Federal Circuit

In an action arising from petitioner's removal from government employment in a Reduction in Force (RIF), dismissal of his appeal for lack of jurisdiction is vacated where the Merit Systems Protection Board did not adequately consider petitioner's challenge to the procedures the agency followed in eliminating RIF appeals to the Board.

Appellate Information

• Decided 02/07/2007
• Published 02/07/2007

Judges

• FRIEDMAN, Senior Circuit Judge., Before LINN, Circuit Judge, FRIEDMAN and PLAGER, Senior Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey A. Dahl, Jeffrey A. Dahl, P.C., of Albuquerque, NM, argued for petitioner., John S. Groat, Attorney, David M. Cohen, Director, and Donald E. Kinner, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor.


• For Appellees:
  
• Jeffrey A. Gauger, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent.   With him on the brief were Martha B. Schneider, General Counsel, and Rosa M. Koppel, Deputy General Counsel.