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United States Federal Circuit


Stanley v. Dep't of Justice, 04-3298, 04-3427

Plaintiff may not appeal his removal from the position of bankruptcy Trustee where the Merit Systems Protection Board did not err in holding that United States Trustees are excepted from the competitive service by 28 U.S.C. section 581(c).

Appellate Information

  • Decided 09/09/2005
  • Published 09/09/2005

Judges

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

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Howard Moore, Jr., Moore and Moore, of Oakland, California, argued for petitioner Linda Ekstrom Stanley in 04-3298., Ellen B. Vergos, Apperson, Crump and Maxwell, P.L.C., of Memphis, Tennessee, argued pro se in 04-3427.

  • For Appellees:
  • Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director.   Of counsel on the brief were Clifford J. White, III, Deputy Director, and Esther I. Estryn, Deputy General Counsel, Executive Office of United States Trustees, United States Department of Justice, of Washington, DC.
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