BANDA v. OFF. OF PERSONNEL MAN., DEPT. OF AIR FORCE

No. 82-4353.

727 F.2d 471 (1984)

Anita O. BANDA, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, DEPARTMENT OF the AIR FORCE, Respondent.

United States Court of Appeals, Fifth Circuit.

March 19, 1984.


Attorney(s) appearing for the Case

Donald J. Walheim, San Antonio, Tex., for respondent.

Jack B. Moynihan, Asst. U.S. Atty., San Antonio, Tex., Robert A. Reutershan, Dept. of Justice, Civ.Div., Washington, D.C., for respondent.

Evangeline W. Swift, Gen. Counsel, Calvin M. Morrow, Mary L. Jennings, MSPB, Washington, D.C., for intervenor MSPB.

Before BROWN and RANDALL, Circuit Judges, and HUNTER, District Judge.


PER CURIAM:

This case comes before this court for review of a decision by the Merit Systems Protection Board ("MSPB") denying petitioner Anita O. Banda's request for attorneys' fees, following her successful appeal to the MSPB from a decision of the Office of Personnel Management ("OPM") denying her application for disability retirement. We find that the MSPB lacked authority to consider Banda's attorneys' fees request; thus we vacate the MSPB's decision.

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