NEWMAN v. LYNCH

Attorney(s) appearing for the Case

Marcia A. Lurensky, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for petitioner. With her on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Stephen J. McHale, Asst. Director and Torrence R. Thomas, Jr., Atty. Also on the brief were James A. Strock, General Counsel, Ann C. Wilson, Asst. Gen. Counsel, Steven E. Abow and Edward C. Stringer, Office of the General Counsel, Office of Personnel Management, of Washington, D.C., and Robert Wexler, Dept. of Educ., of counsel.

Charles A. Shanor, General Counsel, Equal Employment Opportunity Com'n, of Washington, D.C., argued for respondents. With him on the brief were Gwendolyn Young Reams, Associate General Counsel, Lorraine C. Davis, Asst. Gen. Counsel and Cynthia Misicka, Atty. Calvin M. Morrow, Atty., Merit Systems Protection Bd., of Washington, D.C., argued for respondents. With him on the brief were Mary L. Jennings, Acting General Counsel and Martha B. Schneider, Asst. Gen. Counsel. George M. Chuzi, Kalijarvi, Chuzi & Stetina, P.C., of Washington, D.C., was on the brief for respondent, Edward Lynch.

Gregory O'Duden, Director of Litigation, Kerry L. Adams, Asst. Director of Litigation and Timothy B. Hannapel, Assistant Counsel, National Treasury Employees Union, of Washington, D.C., were on the brief of amicus curiae, National Treasury Employees Union. Elaine Kaplan, National Treasury Employees Union, Washington, D.C., of counsel.

Before NIES, Circuit Judge, BENNETT, Senior Circuit Judge, and ARCHER Circuit Judge.