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KING v. REID

No. 94-3271.

59 F.3d 1215 (1995)

James B. KING, Director, Office of Personnel Management, Petitioner, v. Lawrence T. REID, Respondent, and Merit Systems Protection Board, Respondent.

United States Court of Appeals, Federal Circuit.

June 30, 1995.

Attorney(s) appearing for the Case

Hillary A. Stern, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued, for petitioner. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. 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.

Stephanie M. Conley, Atty., M.S.P.B., of Washington, DC, argued, for respondent. With her on the brief were Mary L. Jennings, Acting Gen. Counsel and David C. Kane, Asst. Gen. Counsel.

Before ARCHER, Chief Judge, NEWMAN and SCHALL, Circuit Judges.

ARCHER, Chief Judge.

The Office of Personnel Management ("OPM") petitioned this court for review of the January 6, 1994 decision of the Merit Systems Protection Board (board) denying OPM's request for reconsideration of the board's earlier decision in Reid v. Department of Navy, 50 M.S.P.R. 663 (1991) (Reid I). Reid v. Department of Navy, 60 M.S.P.R. 354 (1994) (Reid II).1

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