United States Federal Circuit

In a disability discrimination case, a decision by the Merit System Protection Board upholding a finding that the Department of the Army had complied with a prior order and was not required to provide any remedy beyond the date of petitioner's removal from his position as a welder is vacated and remanded for a proper determination as to relief where petitioner's removal from his position did not in itself terminate the relief due him for earlier discrimination.

Appellate Information

• Decided 08/11/2006
• Published 08/11/2006

Judges

• Before RADER, SCHALL, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Vincent E. Polsinelli, Nixon Peabody LLP, of Albany, New York, argued for petitioner.   With him on the brief was John E. Higgins.


• For Appellees:
  
• Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Harold D. Lester, Jr., Assistant Director.   Of counsel was J. EllenPurcell Marchese, Attorney-Advisor, United States Department of the Army, of Watervliet, New York.