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CASSELLA v. U.S.

No. 06-5035.

469 F.3d 1376 (2006)

Leonard E. CASSELLA, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 1, 2006.

Attorney(s) appearing for the Case

Gordon C. Lane, Lane & Young, of Charleston, WV, argued for plaintiff-appellee.

Dawn S. Conrad, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director. Of counsel on the brief was Jason P. Cooley, Attorney Advisor, Office of General Counsel, Office of Justice Programs, United States Department of Justice, of Washingtion, DC.

Before MICHEL, Chief Judge, LOURIE, Circuit Judge, and ELLIS, District Judge.

MICHEL, Chief Judge.

The claim at issue in this case was brought under the Public Safety Officers' Benefits Act ("PSOBA" or "Act") of 1976, Pub.L. No. 94-430 (codified as amended at 42 U.S.C. §§ 3796-96c (2000)). The United States appeals an October 19, 2005 order of the United States Court of Federal Claims holding that Mrs. Mildred W. Cassella, a part-time Special School Zone Police Officer ("SSZPO") employed by the

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