THOMSON v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 84-1410.

772 F.2d 879 (1985)

Martin A. THOMSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of the Navy, Intervenor.

United States Court of Appeals, Federal Circuit.

September 11, 1985.


Attorney(s) appearing for the Case

Theodore M. Lieverman, Philadelphia, Pa., argued for petitioner.

Calvin Morrow, Merit Systems Protection Bd., Washington, D.C., argued for respondent Merit Systems Protection Bd. With him on the brief were Evangeline W. Swift, Gen. Counsel and Mary L. Jennings, Gen. Counsel for Litigation.

John S. Groat, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for intervenor Dept. of the Navy. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen.

Before DAVIS, BENNETT and BISSELL, Circuit Judges.


DAVIS, Circuit Judge.

This is another case testing the refusal by the Merit Systems Protection Board (Board or MSPB) to award attorney fees to a federal employee who has prevailed before the Board on the adverse action charge against him.1 Before us, the Board asks that we remand the fee matter for reconsideration, while the Navy (the employing agency) seeks affirmance of the denial of fees. The employee asks outright reversal and award...

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