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BALLENTINE v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 84-907.

738 F.2d 1244 (1984)

Krim M. BALLENTINE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

July 19, 1984.

Attorney(s) appearing for the Case

Krim M. Ballentine, pro se.

Stephanie Conley, Washington, D.C., for respondent.

Before RICH, DAVIS and BALDWIN, Circuit Judges.

ON MOTION TO TRANSFER

RICH, Circuit Judge.

Krim M. Ballentine (Ballentine) has appealed from a decision of the Merit Systems Protection Board (MSPB) dismissing his appeal of a demotion by the U.S. Marshals Service, Department of Justice (agency). The MSPB held that it lacked jurisdiction over the case because Ballentine had filed his appeal prior to either the issuance of an agency decision or to the lapse of 120 days from the filing of his formal complaint...

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