United States Federal Circuit

Where the agency shows by clear and convincing evidence that it would not have reclassified petitioner-s position, even absent the whistleblower disclosures, the Merit Systems Protection Board's decision to reject a claim for retaliation was correct.

Appellate Information

• Decided 01/23/2001
• Published 01/23/2001

Judges

• DYK, Circuit Judge., Before NEWMAN, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Karen K. Howard,The Law Offices of Karen K. Howard, P.C., of Kansas City, Missouri, argued for petitioner.


• For Appellees:
  
• John C. Einstman, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   On the brief were David W. Ogden, Assistant Attorney General;  David M. Cohen, Director;  Harold D. Lester, Jr., Assistant Director;  and Katherine A. Barski, Attorney.   Of counsel on the brief was Amy E. Krupsky, Attorney, Office of General Counsel, National Archives & Records Administration, of College Park, Maryland.