Brenda J. Clay, Petitioner, v. Merit Systems Protection Board, Respondent, 99 F.3d 1160 (Fed. Cir. 1996)

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US Court of Appeals for the Federal Circuit - 99 F.3d 1160 (Fed. Cir. 1996) Oct. 18, 1996

MSPB

REMANDED.

ON MOTION

PLAGER, Circuit Judge.


ORDER

The Merit Systems Protection Board moves to remand this petition for review for further proceedings. Brenda J. Clay has not responded.

Clay's appeal to the Board was dismissed for lack of jurisdiction. The Board requests that the case be remanded so that the Board can consider whether it has jurisdiction under Mays v. Department of Transp., 27 F.3d 1577 (Fed. Cir. 1994).

Upon consideration thereof,

IT IS ORDERED THAT:

The Board's motion to remand is granted.

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