LACHANCE v. WHITE

Attorney(s) appearing for the Case

Harold D. Lester, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for petitioner. With him on the brief was David M. Cohen, Director. Of counsel on the brief were Lorraine Lewis, General Counsel, and Steven E. Abow, Office of General Counsel, Office of Personnel Management, of Washington, DC. Of counsel were Anthony H. Anikeeff, Assistant Director, Civil Division, Department of Justice, and Ana A. Mazzi, Attorney, Office of the General Counsel, Office of Personnel Management.

S. Timothy Buynak, Jr., Hatch and Parent, of Santa Barbara, California, argued for respondent John E. White.

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

Thomas M. Devine, Government Accountability Project, of Washington, DC, argued for amicus curiae Government Accountability Project.

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