SCARBOROUGH v. OFFICE OF PERSONNEL MANAGEMENT

No. 82-8543.

723 F.2d 801 (1984)

William E. SCARBOROUGH, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Eleventh Circuit.

January 23, 1984.


Attorney(s) appearing for the Case

Dana E. McDonald, Atlanta, Ga., Robert G. Schwemm, Lexington, Ky., for petitioner.

Mary L. Jennings, Calvin M. Morrow, Washington, D.C., for intervenor M.S.P.B.

Robert A. Reutershan, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for respondent.

Before VANCE and CLARK, Circuit Judges, and SWYGERT, Senior Circuit Judge.


CLARK, Circuit Judge:

Petitioner, William E. Scarborough, appeals the Merit Systems Protection Board's (MSPB or Board) failure to award attorney fees after reversing the Office of Personnel Management's (OPM) denial of petitioner's voluntary disability retirement application. The issue presented is whether § 7701(g) of the Civil Service Reform Act of 1978, Pub.L. No. 95-454, 92 Stat. 1111 (CSRA),1 authorizes the Board to award attorney...

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