FORNARO v. JAMES

No. 04-5297.

416 F.3d 63 (2005)

Carmine FORNARO, Jr., et al., Appellants v. Kay Coles JAMES, Director, Office of Personnel Management, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2005.


Attorney(s) appearing for the Case

David U. Fierst argued the cause for appellants. With him on the briefs were Glenn A. Mitchell and Gary S. Marx.

Lisa S. Goldfluss, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and ROBERTS, Circuit Judges.


ROBERTS, Circuit Judge.

A group of eight plaintiffs seeking to represent a class of retired, disabled federal law enforcement officers and firefighters sued the Office of Personnel Management. They claimed that class members were entitled to higher disability benefits, based on recent decisions from the Court of Appeals for the Federal Circuit, and sought an order requiring OPM to notify class members and pay them the higher benefits. The plaintiffs looked to the...

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