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DUNN v. DEPARTMENT OF VETERANS AFFAIRS

No. 95-3732.

98 F.3d 1308 (1996)

Dennis DUNN and Frank Ruiz, Petitioners, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 11, 1996.

Attorney(s) appearing for the Case

Daniel Minahan, Minahan & Shapiro, P.C., of Lakewood, CO, argued, for petitioners.

Stephanie M. Jackson, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Assistant Director.

Before NEWMAN, MAYER, and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined December 11, 1996.

RADER, Circuit Judge.

An arbitrator denied Dennis Dunn and Frank Ruiz attorney fees under the Back Pay Act, 5 U.S.C. § 5596(b)(1)(A)(ii) (1994). Mr. Dunn and Mr. Ruiz seek review of the arbitrator's decision. Because the arbitrator did not abuse his discretion or otherwise violate the law, this court affirms.

BACKGROUND

Mr. Dunn and Mr. Ruiz were employed...

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