United States Federal Circuit

Dismissal for lack of subject matter jurisdiction by the U.S. Court of Federal Claims of plaintiffs' claims for attorney's fees pursuant to the Back Pay Act is affirmed where, under the circumstances, only the Merit Systems Protection Board had authority to consider the attorney's fees requests under the Back Pay Act.

Appellate Information

• Decided 06/21/2006
• Published 06/21/2006

Judges

• DYK, Circuit Judge., Before MAYER, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael J. Kator, Kator, Parks, & Weiser, P.L.L.C., of Washington, DC, argued for appellants.


• For Appellees:
  
• Gerald M. Alexander, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With him on the brief was Peter D. Keisler, Assistant Attorney General.