SACCO v. DEPARTMENT OF JUSTICE

No. 02-3043, -3050.

317 F.3d 1384 (2003)

Geraldine SACCO, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

January 21, 2003.


Attorney(s) appearing for the Case

Laura A. Stefani, Kator, Parks & Weiser, P.L.L.C., of Washington, DC, argued for petitioner. With her on the brief was Michael J. Kator.

Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; Franklin E. White, Jr., Assistant Director; and Gerald M. Alexander, Attorney. Of counsel was Bryant S. Banes.

Before MAYER, Chief Judge, RADER and LINN, Circuit Judges.


MAYER, Chief Judge.

Geraldine Sacco appeals from the final order of the Merit Systems Protection Board affirming the initial decision that she was not entitled to prevailing party status under 5 U.S.C. § 7701(g)(1), and denying her motion for attorney fees. Sacco v. Dep't of Justice, No. DC0752000136-A-1, 90 M.S.P.R. 225 (M.S.P.B. Oct.18, 2001). Because the board reasonably interpreted 5 U.S.C. § 7701(g)(1) in light of Buckhannon v. West Virginia...

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