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ROGERS v. OFFICE OF PERSONNEL MANAGEMENT

No. 95-3497.

87 F.3d 471 (1996)

Luvenia D. ROGERS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent, and Aggie Rogers, Intervenor.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 13, 1996.

Attorney(s) appearing for the Case

Edward L. Pina, Karam, Kruger, Mery & Pina, San Antonio, Texas, argued, for petitioner. With him on the brief was Janis Hillman.

Hillary A. Stern, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk Manhardt, Assistant Director.

Edith U. Fierst, Fierst & Moss, P.C., Washington, DC, argued, for intervenor. With her on the brief was Anne E. Moss, Alhambra, CA.

Before PLAGER, RADER, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined August 13, 1996.

SCHALL, Circuit Judge.

Luvenia D. Rogers ("Luvenia") appeals the March 30, 1995 final decision of the Merit Systems Protection Board ("Board") in Docket No. AT-0831-93-0042-I-1. In its decision, the Board reversed the initial decision of the Administrative Judge ("AJ") that sustained the reconsideration decision of the Office of Personnel...

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