Leland L. Coleman, Petitioner, v. United States Postal Service, Respondent, 835 F.2d 871 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 835 F.2d 871 (Fed. Cir. 1987) Nov. 12, 1987

Before EDWARD S. SMITH, NIES, and NEWMAN, Circuit Judges.



The final decision of the Merit Systems Protection Board (board), docket No. AT07528610811, dismissing the appeal of Leland L. Coleman (Coleman) due to a settlement agreement entered into by the parties, is affirmed.


The settlement agreement fully resolved the controversy surrounding the original removal action, and left nothing concerning the merits of the removal for the board to decide. Asberry v. United States Postal Service, 692 F.2d 1378 (Fed. Cir. 1982). Coleman attempts to attack or to enforce the settlement by way of appeal of the dismissed adverse action. The proper course of action is to raise those issues in a petition to the board. This court cannot consider those issues for the first time in an appeal. We therefore affirm the board's dismissal of his appeal of the adverse action for lack of jurisdiction.

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