James B. King, Director, Office of Personnel Management, Petitioner, v. Everett H. Rothschild, Respondent,andmerit Systems Protection Board, Respondent, 36 F.3d 1114 (Fed. Cir. 1994)

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US Court of Appeals for the Federal Circuit - 36 F.3d 1114 (Fed. Cir. 1994)

Aug. 26, 1994


62 M.S.P.R. 328.

VACATED AND REMANDED.

ON MOTION

ORDER

LOURIE, Circuit Judge.

The Director of the Office of Personnel Management submitted a petition for review of a Merit Systems Protection Board decision issued by a single member of the Board. At that time the Board's rules did not provide a mechanism for the issuance of a decision in such circumstances. On August 5, 1994, the Board issued a final rule, 5 CFR Sec. 1200.3, providing for such issuance.

Accordingly,

IT IS ORDERED THAT:

(1) The Board's May 4, 1994 decision is vacated.


(2) The case is remanded to the Board for issuance of a decision in conformance with its rules.