HUBBARD v. ADMINISTRATOR, E.P.A.

Nos. 90-5233, 90-5250.

982 F.2d 531 (1992)

Michael E. HUBBARD, Appellant, v. ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY, Appellee. Michael E. HUBBARD, Appellee, v. ENVIRONMENTAL PROTECTION AGENCY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 27, 1992.


Attorney(s) appearing for the Case

Peter B. Broida, Arlington, VA, with whom Timothy Haake, Washington, DC, was on the brief, for appellant/cross-appellee Michael E. Hubbard.

John D. Bates, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., R. Craig Lawrence, and Mark E. Nagle, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee/cross-appellant E.P.A.

Before MIKVA, Chief Judge, WALD, EDWARDS, RUTH BADER GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE, HENDERSON, and RANDOLPH, Circuit Judges.


Argued En Banc September 30, 1992.

Opinion for the Court filed by Circuit Judge WALD.

Concurring opinion filed by Circuit Judge RANDOLPH, with whom Circuit Judge RUTH BADER GINSBURG joins.

Dissenting opinion filed by Circuit Judge EDWARDS, with whom Chief Judge MIKVA joins.

WALD, Circuit Judge:

This case presents a straightforward, but nonetheless hard, question of law: Has the United States waived sovereign immunity for a back pay...

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