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HANAUER v. REICH

No. 95-2499.

82 F.3d 1304 (1996)

James L. HANAUER, Plaintiff-Appellee, v. Robert B. REICH, Secretary of Labor, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1996.

Attorney(s) appearing for the Case

ARGUED: Irene Marietta Solet, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Charles Robinson Allen, Jr., Roanoke, Virginia, for Appellee. ON BRIEF: Frank W. Hunger, Assistant Attorney General, Robert P. Crouch, Jr., United States Attorney, Michael Jay Singer, Civil Division, United States Department of Justice, Washington, D.C., for Appellant.

Before HAMILTON and WILLIAMS, Circuit Judges, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge WILLIAMS concurred. Senior Judge WILLIAMS wrote a concurring and dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

James L. Hanauer, a former federal employee receiving benefits under the Federal Employees' Compensation Act, 5 U.S.C. §§ 8101-93 (FECA), brought this action against Secretary of Labor Robert Reich (the Secretary) challenging the...

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