United States Federal Circuit

A decision of the Merit Systems Protection Board upholding the removal of petitioner from his position as city carrier with the U.S. Postal Service is reversed pursuant to his claim that the Board erred in its interpretation of a Postal Service regulation that prohibits employees from drinking "in a public place" while in uniform.

Appellate Information

• Decided 06/14/2006
• Published 06/14/2006

Judges

• GAJARSA, Circuit Judge., Before, RADER, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael Allen McNew, Doll, Jansen & Ford, of Dayton, Ohio, for petitioner.


• For Appellees:
  
• David C. Belt, Appellate Counsel, United States Postal Service, of Washington, DC, for respondent.   With him on the brief was Lori J. Dym, Chief Counsel, Appellate Litigation.   Also on the brief was Peter D. Keisler, Assistant Attorney General, Civil Division.   Of counsel were David M. Cohen, Director;  Todd M. Hughes, Assistant Director;  and James W. Poirier, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.