James B. King, Director, Office of Personnel Management, Petitioner, v. Everett H. Rothschild, Respondent,andmerit Systems Protection Board, Respondent, 36 F.3d 1114 (Fed. Cir. 1994)
Annotate this Case62 M.S.P.R. 328.
VACATED AND REMANDED.
ON MOTION
ORDER
LOURIE, Circuit Judge.
The Director of the Office of Personnel Management submitted a petition for review of a Merit Systems Protection Board decision issued by a single member of the Board. At that time the Board's rules did not provide a mechanism for the issuance of a decision in such circumstances. On August 5, 1994, the Board issued a final rule, 5 CFR Sec. 1200.3, providing for such issuance.
Accordingly,
IT IS ORDERED THAT:
(1) The Board's May 4, 1994 decision is vacated.
(2) The case is remanded to the Board for issuance of a decision in conformance with its rules.
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