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KEAN v. STONE

No. 91-5944.

966 F.2d 119 (1992)

Gary KEAN, Appellant v. Michael P.W. STONE, or his successor, Secretary of the Army, United States Department of the Army, Pentagon, Washington, D.C. 20310; Colonel John Joseph, Commanding Officer, New Cumberland Army Depot, New Cumberland, PA 17070; Merit Systems Protection Board, 1120 Vermont Avenue, N.W., Washington, D.C.; U.S. Department of the Army, Pentagon, Washington, D.C. 20310

United States Court of Appeals, Third Circuit.

Decided June 3, 1992.

Attorney(s) appearing for the Case

Martin R. Cohen (argued), AFGE, Bala Cynwyd, Pa., for appellant.

Sally A. Lied, Office of U.S. Atty., Harrisburg, Pa., John H. Belser (argued), U.S. Army Litigation Div., Arlington, Va., for appellees.

Before: BECKER, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Appellant Gary Kean was the prevailing party in a discrimination action brought before the Merit Systems Protection Board (MSPB) and requested attorney fees, calculated at the market rate under 5 U.S.C. § 7701(g). The district court granted summary judgment against Kean and awarded attorney fees calculated at cost-plus-overhead because Kean was represented by a salaried union attorney. The sole issue on appeal...

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