KING v. M.S.P.B.

No. 96-3012.

105 F.3d 635 (1997)

James B. KING, Director, Office of Personnel Management, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

January 24, 1997.


Attorney(s) appearing for the Case

Andrea I. Kelly, 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 on the brief were Lorraine Lewis, General Counsel, and Earl Sanders, Office of General Counsel, Office of Personnel Management, Washington, D.C.

Eric D. Flores, Office of the General Counsel, Merit Systems Protection Board, Washington, D.C., argued, for respondent. With him on the brief were Mary L. Jennings, General Counsel, and Martha B. Schneider, Assistant General Counsel.

Before ARCHER, Chief Judge, PLAGER, and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

Pursuant to 5 U.S.C. § 7703(d) (1988),1 James B. King, the Director of the Office of Personnel Management (OPM), petitions for review of the final decision of the Merit Systems Protection Board (Board) in Lary v. Office of Personnel Management, 68 M.S.P.R. 206 (1995). In its decision, the Board held that OPM was required to ensure compliance with the procedures governing administrative offsets set forth...

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