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Nolan v. Department of the Navy

U.S. Court of Appeals, Federal Circuit


September 13, 1999

BRYAN E. NOLAN,
PETITIONER,
V.
DEPARTMENT OF THE NAVY,
RESPONDENT.

Rader, Circuit Judge, Skelton, Senior Circuit Judge, and Archer, Senior Circuit Judge.

The opinion of the court was delivered by: Per Curiam.

NOTE; Pursuant to Fed. Cir. R. 47.67, this Disposition is not citable as precedent. It is a public record. The Disposition will appear in table published periodically.

DECISION

Appellant Brian E. Nolan appeals the January 21, 1999, decision of the Merit Systems Protection Board (Board), Docket No. SF-3443-98-0420-1-1, approving the initial decision of the Administrative Judge and dismissing his appeal for lack of appellate jurisdiction.

A decision of the Board must be affirmed unless it is (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) unsupported by substantial evidence; or (3) obtained without proper procedures. 5 U.S.C. §7703(c); and Yorkshire v. Merit Systems Protection Board, 746 F.2d 1454, 1458 (Fed. Cir. 1984). In this case, the Board carefully considered all of the arguments made by appellant on appeal, and because we discern no error, we affirm on the basis of the Board's opinion.

19990913


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