John P. Turner, Petitioner, v. United States Postal Service, Respondent, 852 F.2d 1293 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 852 F.2d 1293 (Fed. Cir. 1988)

June 16, 1988

Before PAULINE NEWMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and MAYER, Circuit Judge.



The decision of the Merit Systems Protection Board (Board), dismissing Mr. Turner's appeal for lack of jurisdiction, is affirmed on the basis of the initial decision of the administrative judge of the Board in Docket No. PH34438710636. This decision became final on January 19, 1988, when the Board by order denied Mr. Turner's petition for review.

We had granted Mr. Turner an extension of time to reply to respondent's clarification and correction of question No. 4 of Respondent's Informal Brief. Although Mr. Turner states that he did not receive this paper from Respondent, the record shows that the Motion To Correct and Clarify itself states the intended correction and clarification. The Board's determination that Mr. Turner was a "casual" employee is supported by the record.

We have considered all of the papers filed by Mr. Turner, and conclude that sufficient basis for reversal has not been shown. 5 U.S.C. § 7703(c) (1982); see Hayes v. Department of the Navy, 727 F.2d 1535 (Fed. Cir. 1984).