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NEWMAN v. LOVE

No. 91-3268.

962 F.2d 1008 (1992)

Constance Berry NEWMAN, Director, Office of Personnel Management, Petitioner, v. Lois G. LOVE and Esther E. Penn, and Merit Systems Protection Board, Respondents.

United States Court of Appeals, Federal Circuit.

April 15, 1992.

Attorney(s) appearing for the Case

Domenique Kirchner, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for petitioner. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Asst. Director. Also on the brief were Jaime Ramon, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Murray Meeker, Atty., Office of Gen. Counsel, Office of Personnel Management, of counsel.

Calvin M. Morrow, Atty., U.S. Merit Systems Protection Board, Washington, D.C., argued for respondents. With him on the brief was Mary L. Jennings, Acting Gen. Counsel. Mark O. Thurston, Tulsa, Okl., was on the brief for respondent, Lois G. Love. Carolyn Sue Daniel, Shepherdstown, W.Va., was on the brief for respondent, Esther E. Penn.

Before PLAGER, CLEVENGER and RADER, Circuit Judges.

CLEVENGER, Circuit Judge.

Constance Berry Newman, Director of the Office of Personnel Management (OPM) appeals the final decisions of the Merit Systems Protection Board (Board) in Love v. Office of Personnel Management, 46 M.S.P.R. 641 (1991) and in Penn v. Office of Personnel Management, 46 M.S.P.R. 637 (1991). In those cases, the Board held OPM's regulation at 5 C.F.R. § 831.1704(e) an invalid implementation of 5 U.S.C. § 8341(h) and ordered...

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