Opinion
No. 82-1054.
Submitted November 4, 1982.
Decided November 19, 1982.
James R. Rosa and Mitchell J. Notis, Washington, D.C., on brief for petitioner.
Stanley S. Harris, U.S. Atty., and Royce C. Lamberth, R. Craig Lawrence, Michael J. Ryan, and Regina C. McGranery, Asst. U.S. Attys., Washington, D.C., on brief for respondent. Alan F. Greenwald and Evangeline W. Swift, Attys., Merit Systems Protection Bd., Washington, D.C., entered appearances for respondent.
Petition for Review of an Order of the Merit Systems Protection Board.
Before WRIGHT, WILKEY, and WALD, Circuit Judges.
Opinion for the court per curiam.
We conclude, in agreement with the decisions in Hayes v. United States Government Printing Office, 684 F.2d 137 (D.C. Cir. 1982), Chang v. Merit Systems Protection Board, 677 F.2d 173 (1st Cir. 1982), Christo v. Merit Systems Protection Board, 667 F.2d 882 (10th Cir. 1981), and Wiggins v. United States Postal Service, 653 F.2d 219 (5th Cir. 1981), that mixed cases involving claims of both discrimination and improper agency action must be brought as one action in the District Court Accordingly, this court lacks jurisdiction over the petitioner, and it is therefore dismissed.
So ordered.