Summary
holding that "mixed" cases cannot be appealed from the MSPB to the Circuit Court, but must be brought to the district court
Summary of this case from Miller v. Department of Air ForceOpinion
No. 81-1596.
Submitted March 24, 1982.
Decided May 10, 1982.
Scott Kalish, San Juan, P. R., on brief, for petitioner.
Corneilus T. Cashman, Gen. Atty., Immigration and Naturalization Service, on brief, for respondent.
Petition for review from the Merit Systems Protection Board.
Before COFFIN, Chief Judge, CAMPBELL and BREYER, Circuit Judges.
We conclude, in agreement with the decisions in Wiggins v. United States Postal Service, 653 F.2d 219 (5th Cir. 1981) and Christo v. Merit Systems Protection Board, 667 F.2d 882 (10th Cir. 1981), that mixed cases involving both claims of discrimination and of improper agency action must be brought as one action in the district court. Accordingly we lack jurisdiction over the petition and it is therefore dismissed.