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JAMES v. SANTELLA

No. 02-3118.

328 F.3d 1374 (2003)

Kay Coles JAMES, Director, Office of Personnel Management, Petitioner, v. Frank SANTELLA and Joseph Jech, Respondents, and Merit Systems Protection Board, Respondent.

United States Court of Appeals, Federal Circuit.

May 13, 2003.

Attorney(s) appearing for the Case

Patricia M. McCarthy, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for petitioner. With her on the brief was David M. Cohen, Director. Of counsel on the brief were Steven E. Abow, Deputy Assistant General Counsel, and David T. Truong, Attorney, Office of General Counsel, Office of Personnel Management, of Washington, DC.

William L. Bransford, Shaw, Bransford, Veilleux & Roth, of Washington, DC, argued for respondents Frank Santella and Joseph Jech. With him on the brief was Diana J. Veilleux.

Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent Merit Systems Protection Board. With him on the brief was Martha B. Schneider, Acting General Counsel.

Before LINN, DYK, and PROST, Circuit Judges.

PROST, Circuit Judge.

The Director of the Office of Personnel Management ("OPM") petitions this court pursuant to 5 U.S.C. § 7703(d) for review of the final decision of the Merit Systems Protection Board ("MSPB" or "Board"), Nos. CB-1215-91-0007-R-1, CB-1215-91-0008-R-1, interpreting 5 U.S.C. § 1204(m)(1) to authorize an award of attorney fees to a prevailing employee who is found to be "substantially innocent" of charges made by the Office of Special Counsel...

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