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KING v. JEROME

No. 94-3161.

42 F.3d 1371 (1994)

James B. KING, Director, Office of Personnel Management, Petitioner, v. Daino H. JEROME, and Merit Systems Protection Board, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined February 23, 1995.

Attorney(s) appearing for the Case

Franklin E. White, Jr., Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued, for petitioner. With him on the brief, were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief, were Lorraine Lewis, Gen. Counsel and Steven E. Abow, Office of Gen. Counsel, Office of Personnel Management, Washington, DC, of counsel.

Eric D. Flores, Atty., Merit Systems Protection Bd., Washington, DC, argued, for respondent. With him on the brief, were Mary L. Jennings, Acting Gen. Counsel and Martha B. Schneider, Asst. Gen. Counsel. George M. Chuzi, Kalijarvi & Chuzi, P.C., Washington, DC, for respondent, Daino H. Jerome.

Before MAYER, Circuit Judge, SMITH, Senior Circuit Judge, and PLAGER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing En Banc Declined February 23, 1995.

MAYER, Circuit Judge.

The Director of the Office of Personnel Management petitions for review of the Merit Systems Protection Board's order, 59 M.S.P.R. 134 (1993), which denied the Director's petition for reconsideration of the board's final decision in Jerome v. Small Business Administration, 56 M.S.P.R. 181 (1993). In its final decision, the board concluded that the Small...

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