United States Federal Circuit

Plaintiff's non-compliance with a "Negotiated Last-Chance Agreement" was not material and therefore did not trigger the provision of the agreement that gave the agency the right to remove him and under which he waived his right to appeal to the Board.

Appellate Information

• Decided 07/02/2003
• Published 07/02/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas G. Roth, of West Orange, NJ, argued for petitioner.


• For Appellees:
  
• David R. Feniger, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Brian M. Simkin, Assistant Director.