United States Federal Circuit

In cases involving challenges to denials of Public Safety Officers' Benefits Act (PSOBA) claims for death benefits to the relatives of pilots who were employed by private contractors and who died while rendering fire suppression assistance to public agencies, judgments overturning one decision denying benefits while upholding another are reversed in part where a decision, ruling that neither of the pilots at issue was a "public safety officer" within the meaning of PSOBA, should have been sustained in both cases.

Appellate Information

• Decided 07/03/2007
• Published 07/03/2007

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter Gray, Rider Bennett, LLP, of Minneapolis, Minnesota, argued for plaintiff-appellant in appeal 2007-5006.   On the brief was Joseph S. Lawder.


• For Appellees:
  
• Peter Gray, Rider Bennett, LLP, of Minneapolis, Minnesota, argued for plaintiff-appellee in appeal 2006-5141.   On the brief were Eric J. Magnuson, and Steven M. Sitek., Timothy P. Mcilmail, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant in appeal 2006-5141.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Jeanne E. Davidson, Director.   Of counsel were Rafael A. Madison, General Counsel, Victoria O'Brien, and Jason P. Cooley, Attorney Advisors, Office of General Counsel, Office of Justice Programs, United States Department of Justice, of Washington, DC., Timothy P. Mcilmail, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in appeal 2007-5006.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Jeanne E. Davidson, Director.   Of counsel on the brief were Rafael A. Madison, General Counsel, Victoria O'Brien and Jason P. Cooley, Attorney Advisors, Office of General Counsel, Office of Justice Programs, United States Department of Justice, of Washington, DC.