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DEVINE v. NATIONAL TREASURY EMPLOYEES UNION

Appeal No. 83-1409.

805 F.2d 384 (1986)

Donald J. DEVINE, Petitioner, v. NATIONAL TREASURY EMPLOYEES UNION, Respondent.

United States Court of Appeals, Federal Circuit.

November 13, 1986.

Attorney(s) appearing for the Case

Michael A. Gordon, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for petitioner; with him on the brief were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director. Steven Ash, I.R.S., Washington, D.C., of counsel and Steven Abow, U.S. Office of Personnel Management, Washington, D.C., of counsel.

Mary H. Haller, Asst. Counsel, Nat. Treasury Employees Union, Washington, D.C., argued, for respondent; with her on the brief were Lois G. Williams, Director of Litigation and Kerry L. Adams, Asst. Director of Litigation.

Before RICH, DAVIS, and BALDWIN, Circuit Judges.

ORDER

RICH, Circuit Judge.

National Treasury Employees Union (NTEU) applies for attorney fees and expenses in connection with representing employee Zazenza Smith in an adverse action proceeding.2 Smith ultimately prevailed in this court. Specifically, NTEU seeks attorney fees for responding to the Office of Personnel Management's (OPM) petition for reconsideration of the arbitrator's decision in Smith's case in December 1982...

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