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WILSON v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 87-3381.

834 F.2d 1011 (1987)

Mary L. WILSON, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

December 7, 1987.

Attorney(s) appearing for the Case

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

Frank B. Flink, Jr., of the Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and M. Susan Burnett, Asst. Director.

Before DAVIS, NEWMAN and ARCHER, Circuit Judges.

DAVIS, Circuit Judge.

This is an attorney's-fee appeal in which the Merit Systems Protection Board (MSPB or Board), Docket Nos. DC043283A0577 and DC531D83A0578, 33 M.S.P.R. 158, reduced the award sought by petitioner. Though the amount of the reduction was not large, petitioner says that it was unreasonable, arbitrary, and capricious — and therefore should be reversed. We agree and allow the full award sought by petitioner.

I.

In Wilson...

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