United States Federal Circuit

Denial of a former postmaster's petition for enforcement of a settlement agreement between himself and the Unites States Postal Service is reversed where the agency breached a settlement agreement by including negative remarks in a supervisor's statement submitted to the OPM in support of petitioner's application for disability retirement, and the breach was material.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert B. June, Law Offices of Robert June, P.C., of Ypsilanti, MI, argued for petitioner.


• For Appellees:
  
• David G. Karro, Attorney, Law Department Civil Practice, United States Postal Service, of Washington, DC, argued for respondent.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General, Commercial Litigation Branch, 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 Franklin E. White, Jr., Assistant Director, and Sean McNamara, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.