The appellate court had indicated that these mixed cases need to be filed in the Federal Circuit if the MSPB decision was based on the procedural aspects of the claim and it did not rule on the discrimination elements. However, the Court sided with the employee and held that if discrimination is alleged, the proper court for appeal is a federal district court regardless of whether the MSPB ruled on the procedural grounds or on the merits (in this case on discrimination allegation or not). If nothing else, we know which court is the right one for appeals. Some clarity is better than no clarity. Now this federal employee jurisdiction conundrum is only slightly clearer than mud.