VANDESANDE v. U.S.

No. 2011-5012.

673 F.3d 1342 (2012)

Gladys S. VANDESANDE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 23, 2012.


Attorney(s) appearing for the Case

Roderick V. Hannah , of Davie, FL, argued for plaintiff-appellant.

Hillary A. Stern , Senior Trial Attorney, Commercial Litigation Branch, Civil Division, of United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director, and Dawn E. Goodman , Trial Attorney.

Before NEWMAN, PLAGER, and LINN, Circuit Judges.


PLAGER, Circuit Judge.

This is a dispute between the Government and a federal employee over whether a "Stipulation Agreement Regarding Damages," resulting from a settlement of an earlier personnel case, is a contract, a consent decree, or perhaps both. The label we put on it dictates the court that will have jurisdiction to hear the case on its merits, a necessary predicate to a judicial determination of whether the Stipulation Agreement (hereafter "Stipulation Agreement...

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