United States Federal Circuit

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Leatherbury v. Dep't of the Army, 2007-3261

A decision upholding the removal of petitioner from the U.S. Army Corps of Engineers is reversed and remanded where: 1) there was no substantial evidence to support a claim that petitioner submitted false overtime claims; 2) there was no substantial evidence to justify the overturning of a credibility finding made by the Administrative Judge (AJ) as to the submission of false travel vouchers; and 3) the AJ's penalty of a reprimand is reinstated, as it was the only charge sustained.

Appellate Information

  • Decided 04/29/2008
  • Published 04/29/2008

Judges

  • DYK, Circuit Judge., Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • David H. Giggs, Dolan Griggs LLP, of Portland, OR, argued for petitioner.

  • For Appellees:
  • Hillary A. Stern, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   On the brief were Jeanne E. Davidson, Director;  Todd M. Hughes, Deputy Director;  and Dawn S. Conrad, Trial Attorney.   Of counsel on the brief was James R. Herald, Assistant District Counsel, Office of Counsel, Portland District, United States Army Corps of Engineers, of Portland, OR.

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