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LUTZ v. U.S. POSTAL SERVICE

No. 06-3154.

485 F.3d 1377 (2007)

Michael J. LUTZ, Petitioner, v. United States POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

May 15, 2007.

Attorney(s) appearing for the Case

Robert B. June, Law Offices of Robert June, P.C., of Ypsilanti, MI, argued for petitioner.

David G. Karro, Attorney, Law Department Civil Practice, United States Postal Service, of Washington, DC, argued for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC., and Lori J. Dym, Chief Counsel, Law Department Civil Practice, United States Postal Service, of Washington, DC. Of counsel were Franklin E. White, Jr., Assistant Director, and Sean McNamara, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.

Before LOURIE, SCHALL, and GAJARSA, Circuit Judges.

SCHALL, Circuit Judge.

Michael J. Lutz petitions for review of the final decision of the Merit Systems Protection Board ("Board") that denied his petition for enforcement of a settlement agreement between himself and the Unites States Postal Service ("agency"). Lutz v. U.S. Postal Serv., 100 M.S.P.R. 600 (2005) ("Final Decision"). We reverse and remand.

BACKGROUND

I.

Mr. Lutz was an EAS-15 Postmaster, employed by the agency...

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