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HAGMEYER v. DEPARTMENT OF TREASURY

Appeal No. 86-1136.

809 F.2d 1581 (1987)

John G. HAGMEYER, Petitioner, v. DEPARTMENT OF the TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

January 16, 1987.

Attorney(s) appearing for the Case

Peter J. Carre, Washington, D.C., submitted for petitioner.

Mary L. Jennings, Associate Gen. Counsel for Litigation, Merit Systems Protection Bd., Washington, D.C., argued for the Merit Systems Protection Bd. With her on brief were Llewellyn M. Fischer, Acting Gen. Counsel, Marsha E. Mouyal, Reviewer for Litigation and Stephanie M. Conley.

David M. Cohen, Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for Dept. of The Treasury. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., Robert A. Reutershan and Stephen J. McHale.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, SMITH, NIES, NEWMAN, BISSELL and ARCHER, Circuit Judges.

ORDER

ARCHER, Circuit Judge.

In this appeal of the denial by the Merit Systems Protection Board (MSPB or board) of attorney's fees, the board was initially designated as respondent, consistent with the decisions of this court in Hopkins v. Merit Systems Protection Board, 725 F.2d 1368 (Fed.Cir.1984), and Peterson v. Department of Energy, 737 F.2d 1021 (Fed. Cir.1984). On May...

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