KING v. BRIGGS

No. 95-3583.

83 F.3d 1384 (1996)

James B. KING, Director, Office of Personnel Management, Petitioner, v. Ethel D. BRIGGS, Respondent, and Merit Systems Protection Board, Respondent.

United States Court of Appeals, Federal Circuit.

May 6, 1996.


Attorney(s) appearing for the Case

Armando O. Bonilla, Commercial Litigation Branch, Department of Justice, Washington, DC, argued for petitioner. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Also on the brief were Lorraine Lewis, General Counsel, and Steven E. Abow, Office of the General Counsel, Office of Personnel Management, Washington, DC, of counsel.

Philip J. Simon, Kator, Scott & Heller, Washington, DC, argued for respondent, Ethel D. Briggs. With him on the brief was Joseph B. Scott.

Melissa A. Mehring, Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent, Merit Systems Protection Board. With her on the brief were Mary L. Jennings, Acting General Counsel and David C. Kane, Assistant General Counsel.

Before MICHEL, Circuit Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.


Opinion for the court filed by Circuit Judge MICHEL. Concurring opinion filed by Circuit Judge PLAGER.

MICHEL, Circuit Judge.

The Director of the Office of Personnel Management (OPM), with our prior approval,1 appeals from the Merit Systems Protection Board's (Board) denial of its petition requesting reversal of the Board's January 1994 decision in the case of Briggs v. National Council...

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