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MORRISON v. NATIONAL SCIENCE FOUNDATION

No. 04-3247.

423 F.3d 1366 (2005)

Richard E. MORRISON, Petitioner, v. NATIONAL SCIENCE FOUNDATION, Respondent.

United States Court of Appeals, Federal Circuit.

September 20, 2005.

Attorney(s) appearing for the Case

George M. Chuzi, Kalijarvi, Chuzi & Newman, P.C., of Washington, DC, argued for petitioner. Of counsel was Elizabeth L. Newman.

Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Patricia M. McCarthy, Assistant Director.

Before SCHALL, Circuit Judge, ARCHER and PLAGER, Senior Circuit Judges.

PLAGER, Senior Circuit Judge.

Richard E. Morrison successfully challenged an agency decision to suspend him indefinitely. He then sought an award of attorney fees under the Back Pay Act. The arbitrator who reversed the indefinite suspension imposed by the agency denied the fee request as not warranted in the interest of justice. Because the arbitrator erred by changing his theory of the case as a basis for denying attorney fees, we reverse and remand for further proceedings...

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