HAGMEYER v. DEPARTMENT OF TREASURY

Appeal No. 86-1136.

852 F.2d 531 (1988)

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

United States Court of Appeals, Federal Circuit.

June 30, 1988.


Attorney(s) appearing for the Case

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

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

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

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


ARCHER, Circuit Judge.

This court, sitting in banc, heard arguments on the Merit Systems Protection Board's (MSPB or board) Motion to Reform the Caption in this petition for judicial review of the board's denial of attorney fees.1 In an Order dated January 16, 1987, we determined that the Department of the Treasury (Treasury), not the MSPB, is the proper party respondent. The Order further provided that in future appeals to this...

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