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WISE v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 85-1974.

780 F.2d 997 (1985)

Jerris WISE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

December 30, 1985.

Attorney(s) appearing for the Case

Mary Janice Lintner, Lynch, Sherman & Cox, Louisville, Ky., argued, for petitioner. With her on brief was Donald L. Cox.

Rita S. Arendal, Merit Systems Protection Board, Washington, D.C., argued, for respondent. With her on brief were Evangeline W. Swift, Gen. Counsel, Mary L. Jennings, Associate Gen. Counsel for Litigation, and Marsha E. Mouyal, Reviewer of Litigation.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and DAVIS, Circuit Judge.

DAVIS, Circuit Judge.

Petitioner Jerris Wise appeals from the decisions of the Merit Systems Protection Board (MSPB or Board), 23 M.S.P.R. 666, denying his motion for attorney fees under the Civil Service Reform Act, 5 U.S.C. § 7701(g)(1) (1982), and corresponding Board regulations, 5 C.F.R. § 1021.37(a) (1985). We affirm the decisions of the Board because we agree that an award of attorney fees in this case is not warranted in the interest of justice.<...

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