WILLIAMS v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 83-789.

718 F.2d 1553 (1983)

Parnice O. WILLIAMS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

October 14, 1983.


Attorney(s) appearing for the Case

Robin R. Gerber, Washington, D.C., argued for petitioner.

Mary Jennings, Washington, D.C., argued for respondent, Merit Systems Protection Bd. With her on the brief were Alan F. Greenwald, Deputy Gen. Counsel and Calvin M. Morrow, Washington, D.C.

Robert A. Reutershan, Washington, D.C., argued for respondent, Office of Personnel Management, United States. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director, Washington, D.C.; Joseph A. Morris, Gen. Counsel, Henry G. Watkins, Asst. Gen. Counsel and Murray M. Meeker, Atty., Washington, D.C., Office of Gen. Counsel, Office of Personnel Management, of counsel.

Before RICH, KASHIWA, MILLER, SMITH and NIES, Circuit Judges.


EDWARD S. SMITH, Circuit Judge.

Petitioner Williams appeals from a decision by the Merit Systems Protection Board (MSPB) denying her request for attorney fees, following upon her successful appeal to the MSPB from a decision of the Office of Personnel Management (OPM) denying her application for a physical disability retirement annuity. We hold that the MSPB lacked authority to consider Williams' attorney fee request, vacate the MSPB decision, and grant OPM's motion...

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