Roger Goldsberry, Petitioner, v. Department of the Army, Respondent, 878 F.2d 1446 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 878 F.2d 1446 (Fed. Cir. 1989) June 1, 1989

Before MAYER, Circuit Judge, SKELTON, Senior Circuit Judge, and MICHEL, Circuit Judge.

PER CURIAM.


Roger Goldsberry appeals the decision of the Merit Systems Protection Board (board), docket No. AT07528810393. The board dismissed the appeal for lack of jurisdiction. Goldsberry was removed from his position by the agency for insubordination and being AWOL. At the time of his termination he was serving a second one-year temporary appointment. The board held that he did not qualify as an employee under 5 U.S.C. 7511(a) (1) and, therefore, had no right to appeal to the board. We have considered the record and all of the submissions and, on the basis of the opinion of the administrative judge, dated May 26, 1988, the board's decision is affirmed.

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