United States Federal Circuit

Where petitioner had a legitimate basis for refusing to cooperate with an investigation until he consulted with counsel, and petitioner did not unreasonably delay in meeting with his attorney, the Board acted arbitrarily and capriciously in charging petitioner with a refusal to cooperate.

Appellate Information

• Decided 06/13/2001
• Published 06/13/2001

Judges

• MICHEL, Circuit Judge., Before MAYER, Chief Judge, MICHEL and CLEVENGER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth P. Dobbs,Kenneth Dobbs Law Offices, of Chicago, IL, argued for petitioner.


• For Appellees:
  
• Marian E. Sullivan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel on the brief was Gregory Burke, Attorney, Office of Regional Counsel, Department of Veterans Affairs, Hines, IL.