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LACHANCE v. MERIT SYSTEMS PROTECTION BD.

No. 97-3450.

147 F.3d 1367 (1998)

Janice R. LACHANCE, Director, Office of Personnel Management, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

June 24, 1998.

Attorney(s) appearing for the Case

Patricia M. McCarthy, Trial Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, Washington, DC, argued for petitioner. With her on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel was Bryant G. Snee, Attorney. Of counsel on the brief were Mary S. Mitchelson, Deputy General Counsel, Steven E. Abow, Senior Attorney, and Ana A. Mazzi, Attorney, Office of the General Counsel, Office of Personnel Management, Washington, DC.

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

Before RICH, LOURIE and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This case arose after the Department of the Treasury demoted an employee based on two charges of misconduct. On the employee's appeal, the Merit Systems Protection Board construed one of the two charges as requiring the agency to prove that the employee intended to impede its investigation and held that the agency failed to prove the charge as so construed. The Office of Personnel Management (OPM) petitioned for review by this court, arguing...

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