ARCHULETA v. HOPPER

Attorney(s) appearing for the Case

Allison Kidd-Miller , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for petitioner. With her on the brief were Stuart F. Delery , Assistant Attorney General, Robert E. Kirschman, Jr. , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Kamala Vasagam , General Counsel, Kathie Ann Whipple , Deputy General Counsel, Steven E. Abow , Assistant General Counsel and Robert J. Girouard , Senior Counsel, Office of Personnel Management, of Washington, DC.

Andres M. Grajales , Deputy General Counsel, AFGE, Office of the General Counsel, of Washington, DC, argued for respondent Tony D. Hopper. With him on the brief was David A. Borer .

Jeffrey A. Gauger , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent Merit Systems Protection Board. With him on the brief was Bryan G. Polisuk , General Counsel.

Gregory O'Duden , General Counsel, Larry J. Adkins , Deputy General Counsel, and Paras N. Shah , Assistant Counsel, National Treasury Employees Union, of Washington, DC, for amicus curiae.

Before LOURIE, O'MALLEY, and REYNA, Circuit Judges.