CUTHBERTSON v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 85-2460.

784 F.2d 370 (1986)

Michael T. CUTHBERTSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

February 19, 1986.


Attorney(s) appearing for the Case

Victor Schwanbeck, of Schwanbeck, Lane & Present, Tucson, Ariz., for petitioner.

Mary L. Jennings, Associate Gen. Counsel for Litigation, Merit Systems Protection Bd., Washington, D.C., for respondent. With her on brief were Evangeline W. Swift, Gen. Counsel, Marsha E. Mouyal, Reviewer and Stephanie M. Conley, attorney.

Before DAVIS, Circuit Judge, MILLER, Senior Circuit Judge, and NEWMAN, Circuit Judge.


DAVIS, Circuit Judge:

The Merit Systems Protection Board (MSPB or Board) denied attorney fees to petitioner Cuthbertson (who had admittedly prevailed on his claim via a settlement) because, in the Board's view, the MSPB proceeding had played no significant role in that victory. MSPB Docket No. SF315I8210972 ADD. Holding that substantial evidence does not support the MSPB's findings and conclusion, we reverse.

I.

In July 1982 petitioner was demoted...

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