MARKLAND v. OFFICE OF PERSONNEL MANAGEMENT

Attorney(s) appearing for the Case

Edward H. Passman, Passman & Kaplan, P.C., Washington, DC, argued, for Petitioner. With him on the brief were Susan E. Jewell, and Joshua F. Bowers.

E. Michael Chiaparas, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued, for Respondent. With him 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 were Lorraine Lewis, General Counsel, and Joseph E. McCann, Attorney, Office of The General Counsel, U.S. Office of Personnel Management, Washington, DC.

Woodley B. Osborne, Osborne & Deutsch, Washington, DC, for amicus curiae Metropolitan Washington Employment Lawyers Association.

Before MAYER, Chief Judge, RICH and NEWMAN, Circuit Judges.