Irvin H. Hilliard v. United States Postal Service

722 F.2d 1555, 1983 U.S. App. LEXIS 13705
CourtCourt of Appeals for the Federal Circuit
DecidedDecember 6, 1983
Docket83-923
StatusPublished

This text of 722 F.2d 1555 (Irvin H. Hilliard v. United States Postal Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Irvin H. Hilliard v. United States Postal Service, 722 F.2d 1555, 1983 U.S. App. LEXIS 13705 (Fed. Cir. 1983).

Opinion

722 F.2d 1555

Irvin H. HILLIARD, Petitioner,
v.
UNITED STATES POSTAL SERVICE, Respondents.

Appeal No. 83-923.

United States Court of Appeals,
Federal Circuit.

Dec. 6, 1983.

Appeal from Merit Systems Protection Board.

Alan Bryant Chambers, Memphis, Tenn., submitted for petitioner.

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan, Stephen C. Alpern and Joan C. Goodrich, Washington, D.C., submitted for respondents.

Before BALDWIN, BENNETT and MILLER, Circuit Judges.

ORDER

PER CURIAM.

The decision of the Merit Systems Protection Board affirming petitioner's removal arises from a "mixed" case and is, therefore, not within this court's jurisdiction to review. Williams v. Department of the Army, 715 F.2d 1485 (Fed.Cir.1983).

Because the pleadings before the district court allege discrimination and do not track the issues of this appeal, it is in the interest of justice that we transfer this case to the district court under 28 U.S.C. Sec. 1631.

Accordingly, IT IS ORDERED THAT:

The case be transferred to the United States District Court for the Western District of Tennessee, Western Division.

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Related

Hilliard v. United States Postal Service
722 F.2d 1555 (Federal Circuit, 1983)

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