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RUMSEY v. DEPT. OF JUSTICE

2016-2661.

866 F.3d 1375 (2017)

Elissa RUMSEY, Petitioner v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: August 10, 2017.

Attorney(s) appearing for the Case

ROBERT ALAN BURKA , Washington, DC, argued for petitioner.

HILLARY STERN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by ALLISON KIDD-MILLER , ROBERT E. KIRSCHMAN, JR. , BENJAMIN C. MIZER.

Before Newman, Dyk, and Stoll, Circuit Judges.

Elissa Rumsey is a federal employee. After prevailing in an individual right of action appeal with the Merit Systems Protection Board ("Board") alleging whistleblower reprisal, Ms. Rumsey sought attorney's fees pursuant to 5 U.S.C. § 1221(g)(1)(B). The Board refused to award attorney's fees for the services of Beth Slavet...

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