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GALLO v. DEPARTMENT OF TRANSP.

No. 2011-3094.

725 F.3d 1306 (2013)

Jane L. GALLO, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 5, 2013.

Attorney(s) appearing for the Case

William L. Bransford , Shaw, Bransford & Roth, PC, of Washington, DC, filed an application for attorney fees for petitioner. With him on the application was Maria N. Coleman.

David D'Alessandris , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a response to the application for attorney fees for respondent. With him on the response were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Harold D. Lester, Jr. , Assistant Director. Of counsel on the response was Theresa D. Dunn , Office of the Regional Counsel, Federal Aviation Administration, of Fort Worth, TX.

Before CLEVENGER, BRYSON, and LINN, Circuit Judges.

LINN, Circuit Judge.

Jane L. Gallo ("Gallo") requests attorney fees under the Back Pay Act, 5 U.S.C. § 5596, and Federal Circuit Rule 47.7 ("Rule 47.7"). Because this court lacks the statutory authority to award attorney fees under the Back Pay Act to employees of the Federal Aviation Administration ("FAA"), Gallo's request is denied.

I. BACKGROUND

A full description of the factual and procedural background of the present case is provided in...

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