United States Federal Circuit

The Merit Systems Protection Board reasonably interpreted 5 U.S.C. section 7701(g)(1), in determining that there was no material alteration of the legal relationship between the DEA and an agent, to permit an award of attorney fees after constructive suspension claims.

Appellate Information

• Decided 01/21/2003
• Published 01/21/2003

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, RADER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Laura A. Stefani,Kator, Parks & Weiser, P.L.L.C., of Washington, DC, argued for petitioner.   With her on the brief was Michael J. Kator.


• For Appellees:
  
• Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   On the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  Franklin E. White, Jr., Assistant Director;  and Gerald M. Alexander, Attorney.   Of counsel was Bryant S. Banes.