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STANLEY v. DEPARTMENT OF JUSTICE

No. 04-3298, 04-3427.

423 F.3d 1271 (2005)

Linda Ekstrom STANLEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent. Ellen B. Vergos, Petitioner, v. Department of Justice, Respondent.

United States Court of Appeals, Federal Circuit.

September 9, 2005.

Attorney(s) appearing for the Case

Howard Moore, Jr., Moore and Moore, of Oakland, California, argued for petitioner Linda Ekstrom Stanley in 04-3298.

Ellen B. Vergos, Apperson, Crump and Maxwell, P.L.C., of Memphis, Tennessee, argued pro se in 04-3427.

Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief were Clifford J. White, III, Deputy Director, and Esther I. Estryn, Deputy General Counsel, Executive Office of United States Trustees, United States Department of Justice, of Washington, DC.

Before MAYER, RADER, and LINN, Circuit Judges.

MAYER, Circuit Judge.

Appellants, Linda Stanley and Ellen Vergos, appeal the decisions of the Merit Systems Protection Board, which dismissed their appeals for lack of jurisdiction. Stanley v. Dep't of Justice, SF-0752-02-0591-1-1 (MSPB Mar. 18, 2004); Vergos v. Dep't of Justice, AT-0752-03-0372-1-1 (MSPB July 1, 2004).1 Because the board did not err in holding that United States Trustees are excepted from the competitive...

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