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CUNNINGHAM v. U.S.

No. 2013-5055.

748 F.3d 1172 (2014)

Eric D. CUNNINGHAM, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 9, 2014.

Attorney(s) appearing for the Case

James Y. Boland , Venable LLP, of Tysons Corner, Virginia, argued for plaintiff-appellant. Of counsel on the brief were Melanie Jones Totman and Dismas Locaria , of Washington, DC.

Jessica R. Toplin , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director.

Before PROST, WALLACH, and CHEN, Circuit Judges.

CHEN, Circuit Judge.

Eric Cunningham filed a petition with the Merit Systems Protection Board ("MSPB") to enforce a settlement agreement he entered into with the United States Office of Personnel Management ("OPM"), his former employer. Mr. Cunningham alleged that OPM disclosed details about him to another employer and thereby violated a confidentiality provision in that agreement. The MSPB found that OPM breached the agreement and offered Mr. Cunningham the only...

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