United States Federal Circuit

Dismissal of petitioner's claim that the Office of Personnel Management erred in assessing an overpayment against her is affirmed where petitioner's challenge to the merits of the government's overpayment claim was not within the scope of 5 U.S.C. section 8461(e)(1), but fell instead under a section requiring that her claim be brought either in a federal district court or in the Court of Federal Claims.

Appellate Information

• Decided 06/08/2006
• Published 06/08/2006

Judges

• Before SCHALL, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Catherine E. Stetson, Hogan & Hartson L.L.P., of Washington, DC for petitioner., Martha B. Schneider, General Counsel;  and Rosa M. Koppel, Deputy General Counsel, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC for amicus curiae.


• For Appellees:
  
• Joan Stentiford, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   On the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Donald E. Kinner, Assistant Director;  Christian J. Moran, Trial Attorney.   Of counsel on the brief was Paul N. St. Hillaire, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC. Of counsel was John H. Williamson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice.