United States Federal Circuit

Upon petition for rehearing of an original opinion which held that the United States Postal Service (USPS) materially breached its settlement agreement with petitioner by failing to provide required documents in a timely fashion, the petition is denied as the court of appeals rejects claims that the USPS's breach of the settlement agreement was not material, and that the Merit Systems Protection Board did not have jurisdiction to order specific performance. (Opinion on petition for rehearing)

Appellate Information

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

Judges

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

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   On the brief were Peter D. Keisler, Assistant Attorney General, and Lori J. Dym, Chief Counsel Law Department Civil Practice, United States Postal Service, of Washington, DC. Of counsel were Jeanne E. Davidson, Director;  Kathryn A. Bleecker, Assistant Director;  and James D. Colt, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, and Ray E. Donahue, Attorney, Law Department Civil Practice, United States Postal Service, of Washington, DC.