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Graviss v. Department of Defense

Certiorari Denied

Petition for certiorari denied on May 20, 2019.

Docket No.18-1061
Op. BelowFed. Cir.

Issue

(1) Whether the 60-day period for seeking review in the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703(b)(1)(A) sets a jurisdictional bar, as the panel majority held, or prescribes a claim-processing rule subject to exceptions such as forfeiture, as the dissenting judges below maintained; and (2) whether the government forfeited its timeliness defense.

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