KING v. NAZELROD

No. 93-3017.

43 F.3d 663 (1994)

James B. KING, Director, Office of Personnel Management, Petitioner, v. Cathryn A. NAZELROD and Merit Systems Protection Board, Respondents.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined March 7, 1995.


Attorney(s) appearing for the Case

Anthony J. Ciccone, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued, for appellant. With him on the brief were Stuart M. Gerson, Acting Asst. Atty. Gen., David M. Cohen, Director and Stuart E. Schiffer, Acting Asst. Atty. Gen. Also on the brief were Arthur Troilo, III, Acting Gen. Counsel and Steven E. Abow, Office of Gen. Counsel, Office of Personnel Management, Washington, DC, of counsel.

Alexia McCaskill, Staff Counsel, American Federation of Government Employees, AFL-CIO, of Washington, DC, argued, for respondent, Cathryn A. Nazelrod. With her on the brief were Mark D. Roth, Gen. Counsel and Charles A. Hobbie, Deputy Gen. Counsel. Michael K. Martin, Attorney, Merit Systems Protection Board, of Washington, DC, argued, for appellee. With him on the brief were Llewellyn M. Fischer, Gen. Counsel and Martha B. Schneider, Asst. Gen. Counsel.

Before ARCHER, Chief Judge, RICH and CLEVENGER, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined March 7, 1995.

ARCHER, Chief Judge.

The Office of Personnel Management (OPM) petitions for review of the decision of the Merit Systems Protection Board (Board) denying on the merits OPM's petition for reconsideration of the Board's decision in Nazelrod v. Department of Justice, 50 M.S.P.R. 456 (1991). Nazelrod v. Department of Justice, 54 M.S.P.R. 461 (1992). The Board held that its...

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