BACA v. DEPT. OF THE ARMY

Attorney(s) appearing for the Case

Andrew B. Indahl , Altura Law Firm, Albuquerque, New Mexico for Petitioner.

Domenique Kirchner , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice ( Joseph H. Hunt , Assistant Attorney General; Robert E. Kirschman, Jr. , Director, United States Department of Justice, Civil Division, National Courts Section; Elizabeth M. Hosford , Assistant Director, United States Department of Justice, Civil Division, National Courts Section, with her on the brief), Washington, D.C., for Respondent.

Tristan L. Leavitt , General Counsel; Katherine M. Smith , Deputy General Counsel; Stephen W. Fung , Attorney, Office of the General Counsel, Merit Systems Protection Board, Washington, D.C., for Intervenor.

Before BACHARACH, SEYMOUR, and McHUGH, Circuit Judges.