United States Federal Circuit

Evidence does not support the determination that petitioner had actual knowledge of the alleged breach as of the time he wrote two letters; though his letters referenced the breach as an established fact, those statements resulted from unsubstantiated speculation, not actual knowledge. Accordingly, his petition for enforcement is remanded.

Appellate Information

• Decided 03/18/2004
• Published 03/18/2004

Judges

• MICHEL, Circuit Judge., Before NEWMAN, MICHEL, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joan Harvill,International Law Center of D.C., of Arlington, VA, argued for petitioner.


• For Appellees:
  
• Jeffrey A. Gauger, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent.   With him on the brief were Martha B. Schneider, General Counsel;  and Calvin M. Morrow, Reviewing Attorney. Of counsel was Stephanie Conley, Attorney.