KING v. ALSTON

Attorney(s) appearing for the Case

Hillary A. Stern, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for petitioner. With her on the brief, were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Of counsel were Lorraine Lewis, General Counsel and James E. Hicks, Office of the General Counsel, Office of Personnel Management, of Washington, D.C.

Calvin M. Morrow, Office of the General Counsel, Merit Systems Protection Board, Washington, D.C., argued, for respondent. With him on the brief, were Mary L. Jennings, Acting General Counsel and David C. Kane, Assistant General Counsel.

Before PLAGER, LOURIE, and CLEVENGER, Circuit Judges.