Unpublished Dispositionjohn A. Black, Petitioner, v. United States Postal Service, Respondent, 826 F.2d 1072 (Fed. Cir. 1987)Annotate this Case
Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and SMITH, Circuit Judge.
The final decision of the Merit Systems Protection Board (board), docket No. NY07528510636-1, dated January 28, 1987, denying review of the administrative judge's decision of August 5, 1986, which dismissed the appeal of John A. Black (Black) due to a settlement agreement reached by the parties, is affirmed.
The only issue before this court is whether the board abused its discretion in dismissing Black's appeal. "One who attacks a settlement must bear the burden of showing that the contract he has made is tainted with invalidity, either by fraud practiced upon him or by a mutual mistake under which both parties acted." Asberry v. United States Postal Service, 692 F.2d 1378, 1380 (Fed. Cir. 1982), (quoting Callen v. Pennsylvania R.R., 332 U.S. 625, 630 (1948)). Black contends here that there was no settlement agreement. Yet, in his appeal to the board for review of the administrative judge's decision, he admitted that he freely entered into the settlement agreement. He offers no reason for his claim that there was not a settlement agreement. Black has not shown that the settlement was tainted by invalidity and, thus, has not shown that the board abused its discretion.