GAVETTE v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 84-1286.

808 F.2d 1456 (1986)

Charles E. GAVETTE, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT and Department of the Treasury, Respondents.

United States Court of Appeals, Federal Circuit.

As Amended March 11, 1986.


Attorney(s) appearing for the Case

Dennis A. Peppler, Gropman & Peppler, P.C., Southfield, Mich., argued, for petitioner.

Robert A. Reutershan, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director, and M. Susan Burnett. Murray Meeker, Office of the General Counsel, Office of Personnel Management, of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, BALDWIN, BENNETT, SMITH, NIES, NEWMAN, BISSELL, and ARCHER, Circuit Judges.


EDWARD S. SMITH, Circuit Judge.

This is an application under the Equal Access to Justice Act1 (EAJA) for attorney fees and expenses incurred by petitioner Charles E. Gavette (Gavette) in proceedings before the Merit Systems Protection Board (board)2 and in the subsequent appeal to the United States Court of Appeals for the Federal Circuit (Federal Circuit).

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