Percy J. Tucker, Petitioner, v. Department of the Navy, Respondent, 871 F.2d 1096 (Fed. Cir. 1989)

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U.S. Court of Appeals for the Federal Circuit - 871 F.2d 1096 (Fed. Cir. 1989) March 9, 1989

Before MARKEY, Chief Judge, BALDWIN, Senior Circuit Judge, and BISSELL, Circuit Judge.

PER CURIAM.


DECISION

Tucker appeals from a dismissal for lack of jurisdiction by the Merit Systems Protection Board (board), docket number PH07528810149. We affirm.

OPINION

The board correctly held that it lacked jurisdiction because Tucker voluntarily waived board review of his removal in the "Last Chance" settlement agreement. Tucker has failed to show error in the board's findings that: (1) he was mentally competent when he entered into the settlement agreement; (2) the terms of the settlement agreement are fair, including the waiver of appeal from removal for failure to fulfill the obligations under the settlement agreement; and (3) he failed to comply with the terms of the settlement agreement. See McCall v. United States Postal Service, 839 F.2d 664, 667 (Fed. Cir. 1988).

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