James B. KING, Director, Office of Personnel Management, Petitioner,
v.
Phillip G. HILLEN and Merit Systems Protection Board, Respondents.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
April 13, 1994.
April 13, 1994.
Attorney(s) appearing for the Case
Ross D. Cooper, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for petitioner. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and James M. Kinsella, Asst. Director. Also on the brief was Steven E. Abow, Sr. Atty., Office of the General Counsel, Washington, DC, of counsel.
Edward H. Passman, Passman & Kaplan, Washington, DC, argued for respondent Phillip G. Hillen. With him on the brief was Joseph V. Kaplan. Patricia A. Price, Atty., Merit Systems Protection Board, argued for the Merit Systems Protection Bd. With her on the brief were Llewellyn M. Fischer, Gen. Counsel, Mary L. Jennings, Deputy Gen. Counsel, David C. Kane, Asst. Gen. Counsel and Calvin M. Morrow, Atty.
Before NEWMAN, MICHEL, and SCHALL, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PAULINE NEWMAN, Circuit Judge.
The Office of Personnel Management, acting through its Director, appeals the decision of the Merit Systems Protection Board1 that certain conduct of Phillip G. Hillen did not constitute "hostile environment" sexual harassment. The Board and Mr. Hillen defend the decision. We vacate the decision of the Board, and remand for redetermination on the correct law.
I
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