United States Federal Circuit

The Merit Systems Protection Board correctly determined that the petitioner was not a law enforcement officer under the six criteria of Bingaman v. Department of the Treasury, 127 F.3d 1431 (1997), and thus was not entitled to enhanced retirement benefits under 5 USC 8331(20).

Appellate Information

• Decided 12/07/2000
• Published 12/07/2000

Judges

• FRIEDMAN, Senior Circuit Judge., Before LINN, Circuit Judge, FRIEDMAN and PLAGER, Senior Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael J. Kator,Kator, Scott & Parks, P.L.L.C., of Washington, DC, argued for petitioner.   With him on the brief were Irving Kator, and Cathy Harris.


• For Appellees:
  
• Scott D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were David W. Ogden, Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel was James E. Hicks, Attorney, Office of Chief Counsel, Administrative Law Section, Drug Enforcement Administration, of Washington, DC.