United States Federal Circuit

In a case involving an employee terminated for tardiness connected to his sleep disorder, a decision of the Merit Systems Protection Board denying former employee's petition for enforcement of a prior settlement agreement with the United States Postal Service (USPS) is vacated where the USPS breached the settlement agreement at issue by not providing documents needed for disability retirement in a timely fashion, and the breach was material.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• DYK, Circuit Judge., Before NEWMAN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul F. Prentiss, Timmermier, Gross & Prentiss, of Omaha, NE, argued for petitioner.


• For Appellees:
  
• Ray E. Donahue, Attorney, Law Department Civil Practice, United States Postal Service, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Civil Division, United States Department of Justice, of Washington, DC, and Lori J. Dym, Chief Counsel, Law Department Civil Practice, United States Postal Service, of Washington, DC. Of counsel were David M. Cohen, Director, James D. Colt and Kathryn A. Bleecker, Attorneys, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.