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GARSTKIEWICZ v. U.S. POSTAL SERVICE

No. 92-3083.

981 F.2d 528 (1992)

Edmund J. GARSTKIEWICZ, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

December 8, 1992.

Attorney(s) appearing for the Case

John P. Gamlin, John P. DiFalco & Associates, P.C., Fort Collins, CO, submitted, for petitioner.

Joan C. Goodrich, Sr. Atty., Office of Labor Law, U.S. Postal Service, Washington, DC, submitted, for respondent. With her on the brief, were Stuart M. Gerson, Asst. Atty. Gen., Dept. of Justice and R. Andrew German, Asst. Gen. Counsel. Of counsel were James M. Kinsella, Atty., and David M. Cohen, Director.

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

PAULINE NEWMAN, Circuit Judge.

Edmund J. Garstkiewicz appeals the decision of the Merit Systems Protection Board denying his petition for attorney fees incurred in connection with an enforcement proceeding.1 We reverse the Board's decision.

Background

Following an action brought by Mr. Garstkiewicz before the Merit Systems Protection Board, by Order dated May 4, 1990 the United States Postal Service was directed...

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