James Dumas, Petitioner, v. Department of Agriculture, 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. 17, 1987

Before PAULINE NEWMAN, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.



Petitioner Dumas appeals the decision of the Merit Systems Protection Board, MSPB Docket No. DC04328310742-1, on remand from this court. The Board, as instructed in Dumas v. Merit Systems Protection Board, 789 F.2d 892 (Fed. Cir. 1986), held an evidentiary hearing on the issue of voluntariness of Mr. Dumas' resignation/retirement, which issue turned on the question of whether Mr. Dumas had been given misleading or erroneous advice as to his appeal rights. Covington v. Department of Health & Human Services, 750 F.2d 937, 942 (Fed. Cir. 1984). At the hearing the evidence was conflicting and, based on credibility determinations, the administrative judge held that the evidence "overwhelmingly establishes that appellant was correctly advised ..." We do not redetermine issues of credibility, as found by the administrative judge who heard the testimony and observed the witnesses. Hambsch v. Department of the Treasury, 796 F.2d 430, 436 (Fed. Cir. 1986); Griessenauer v. Department of Energy, 754 F.2d 361, 364 (Fed. Cir. 1985). There was substantial evidence supporting the Board's decision, and on this basis it is affirmed. 5 U.S.C. § 7703(c) (1982).