United States Federal Circuit

In an wrongful termination suit, plaintiff is entitled to an evidentiary hearing regarding his failure to timely appeal his removal where there is substantial evidence of mental illness, and conflicts between his and government's evidentiary submission.

Appellate Information

• Decided 11/23/2004
• Published 11/23/2004

Judges

• MICHEL, Circuit Judge., Before MICHEL, CLEVENGER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter H. Noone, Avery Dooley Post & Avery, LLP, of Belmont, Massachusetts, argued for petitioner.


• For Appellees:
  
• Raymond W. Angelo, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent.   With him on the brief were Martha B. Schneider, General Counsel, and Stephanie M. Conley, Reviewing Attorney.   Of counsel was Joyce G. Friedman, Attorney.