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   Federal Courts - Federal Circuit Court of Appeals - April 6, 2006

  
Fallore v. OPM, 05-3095, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided
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Fulton v. Dep't of the Army, 06-3001, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided
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Overview: MSPB decision sustaining dismissal of a paramedic from the Army was affirmed under 5 U.S.C.S. § 7703(c). Army removed him for misconduct, rather than limiting his privileges or taking any licensing actions against him. Thus, his case was properly considered by the MSPB, rather than being considered under the peer review process.

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G3 Genuine Guide Gear v. Black Diamond Equip., 05-1462, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided , April 6, 2006, Filed
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Matthews v. Nicholson, 05-7183, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided , April 6, 2006, Filed
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Paige v. MSPB, 06-3013, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided
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Overview: MSPB decision--denying review of the AJ's decision dismissing the employee's appeal of her removal by the VA as having been untimely filed without a showing of good cause for delay--was upheld under 5 U.S.C.S. § 7703(c) because the AJ thoroughly considered all of the evidence and arguments proffered as good cause for the delay in filing.

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Perillo v. Nicholson, 05-7202, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided
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Overview: As claimant's mother-in-law died before the Board of Veterans' Appeals issued its decision, the Board decision was made without jurisdiction and so was not a final Board decision from which a party could appeal. The federal appellate court lacked jurisdiction under 38 U.S.C.S. § 7292(d)(1) because claimant did not present a constitutional issue.

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Pods, Inc. v. Porta Stor, Inc., 05-1471, 05-1529, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided
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Overview: The alleged patent infringers' appeal of the order denying their motion to compel discovery was dismissed for lack of jurisdiction since it was an interlocutory appeal that was not properly before the appellate court. The district court's denial of the alleged infringers' motion to dissolve a preliminary injunction was affirmed.

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Porter v. United States, 05-5105, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided , April 6, 2006, Filed
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Quiambao v. OPM, 06-3024, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided
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Rawls v. United States Postal Serv., 05-3102, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 6, 2006, Decided
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Overview: Pertinent requirement for a valid indefinite suspension was that the suspension have a condition subsequent, rather than that the agency's decision notice explicitly identify the condition subsequent. Petitioner's indefinite suspension had an ascertainable end--resolution of criminal charges. His suspension was upheld under 5 U.S.C.S. § 7703(c).

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