Kay Coles JAMES, Director of the Office of Personnel Management, Petitioner,
v.
Elisabeth VON ZEMENSZKY, Respondent, and
Merit Systems Protection Board, Respondent.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 4, 2002.
September 4, 2002.
Attorney(s) appearing for the Case
Frank A. Rosenfeld, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for petitioner. With him on the petition were Robert D. McCallum, Jr., Assistant Attorney General; William Kanter; and Michael Jay Singer, Attorneys.
Adam H. Feinstein, of Philadelphia, PA, filed a response to the petition for respondent Elizabeth Von Zemenszky.
Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent Merit Systems Protection Board. Of counsel was Lynn A. Jennings, Attorney.
Mary Dryovage, Law Offices of Mary Dryovage, for amicus curiae National Employment Lawyers Association. Of counsel on the brief was Paula A. Brantner, Senior Staff Attorney, National Employment Lawyers Association, of San Francisco, CA.
Paul F. Sowa, Law Offices of Paul Sowa, of Los Angeles, CA, for amicus curiae Marian V. Sowa, M.D.
Bradley B. Falkof, Barnes & Thornburg, of Chicago, IL, for amicus curiae John C. Long.
Before NEWMAN, SCHALL and BRYSON, Circuit Judges.
United States Court of Appeals, Federal Circuit.
ON PETITION FOR REHEARING
BRYSON, Circuit Judge.
The government has filed a petition for rehearing raising two issues that warrant response.
1. The government's primary argument is that the panel erred in characterizing the kind of agency interpretation of a statute that is entitled to deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694...
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