Levance Mccullough, Petitioner, v. United States Postal Service, Respondent, 909 F.2d 1494 (Fed. Cir. 1990)

Levance McCullough appeals from the May 9, 1989 Opinion and Order of the Merit Systems Protection Board, Docket No. AT07528810623, dismissing appellant's appeal as settled. We affirm.

OPINION

"One who attacks a settlement must bear the burden of showing that the contract he has made is tainted with invalidity, either by fraud practiced upon him or by a mutual mistake under which both parties acted." Asberry v. United States Postal Service, 692 F.2d 1378, 1380 (Fed. Cir. 1982) (quoting Callen v. Pennsylvania Railroad Co., 332 U.S. 625, 630 (1948)). We have carefully considered McCullough's briefs and the arguments presented therein, but are unconvinced that he has met the heavy burden for setting aside the settlement agreement.