THOMAS v. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT

No. 96-3345.

124 F.3d 1439 (1997)

George W. THOMAS, Jr., Petitioner, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent.

United States Court of Appeals, Federal Circuit.

September 8, 1997.


Attorney(s) appearing for the Case

Eric N. Lieberman, Williams & Connolly, Washington, DC, argued for petitioner. With him on the brief was Terrence O'Donnell. Of counsel was J. Alan Galbraith.

Lara Levinson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, 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. Of counsel on the brief was Carol W. Bernstein, Department of Housing and Urban Development, of Washington, DC.

Before MICHEL, PLAGER and LOURIE, Circuit Judges.


PLAGER, Circuit Judge.

This case pits a government agency against an ostensibly undesirable employee who complains that the agency, having promised not to tell future employers about the employee's performance, broke its promise. The employee, who had agreed to resign in exchange for the agency's promise, wants to renege on his agreement. When the agency refused to let him, he took his case to the Merit Systems Protection Board ("Board"). The Board held that, despite...

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