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VAN FOSSEN v. MERIT SYSTEMS PROTECTION BD.

No. 86-536.

788 F.2d 748 (1986)

John M. VAN FOSSEN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

April 10, 1986.

Attorney(s) appearing for the Case

Peter B. Broida, of Passman & Broida, Washington, D.C., for petitioner.

David Kane, of Merit Systems Protection Bd., Washington, D.C., for respondent. With him on brief were Evangeline W. Swift, Gen. Counsel and Mary Jennings, Associate Gen. Counsel for Litigation.

Before MARKEY, Chief Judge, and DAVIS and BISSELL, Circuit Judges.

DAVIS, Circuit Judge.

Petitioner John M. Van Fossen appeals the refusal by the Merit Systems Protection Board (MSPB or Board), Docket No. PH075283A0109ADD, to award attorney fees incurred in his largely successful challenge of a removal action brought against him by his employer, the Department of Housing and Urban Development (HUD or agency). We reverse and remand.

I.

The facts concerning petitioner's discharge (involving his outside work) can be...

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