Mark E. Woods, Petitioner, v. Department of Treasury, Respondent, 835 F.2d 870 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 835 F.2d 870 (Fed. Cir. 1987) Nov. 9, 1987

Before BISSELL, Circuit Judge, NICHOLS, Senior Circuit Judge, and MAYER, Circuit Judge.



The final decision of the Merit Systems Protection Board, Docket Number PH07528310145, denying petitioner's motion to reopen his appeal, is affirmed on the basis of the Board's opinion and order. 32 M.S.P.R. 633 (1987). After reviewing the submissions of the parties, and because "it would have been error for the Board to have considered the [petitioner's] 'new' evidence," Keely v. Merit Systems Protection Board, 760 F.2d 246, 249 (Fed. Cir. 1985), citing Rasmussen v. United States, 543 F.2d 134, 139, 211 Ct. Cl. 260, 270 (1976), we find no basis under our statutorily prescribed scope of review for setting aside the Board's denial of the motion to reopen the appeal. 5 U.S.C. § 7703(c) (1982).