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   Federal Courts - Federal Circuit Court of Appeals - January 17, 2006

  
Cargill, Inc. v. Sears Petroleum & Transp., Corp., 05-1613, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Cayat v. Nicholson, 05-7156, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Ciancanelli v. Dep't of Homeland Sec., 05-3154, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: Former federal air marshal's removal from service was upheld where the record contained substantial evidence to support the administrative judge's determination that he knew that letters he provided from his bank regarding the reasons for bounced checks in paying back a government credit card were false.

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Greenlee v. United States Postal Serv., 05-3343, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: Merit Systems Protection Board properly dismissed an individual's appeal for lack of jurisdiction where he failed to identify any rule, law, or regulation that authorized a direct appeal to the Board as to the United States Postal Service's failure to offer him a job. Moreover, an appeal of his removal 12 years ago was untimely.

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Lamps Plus, Inc. v. Dolan, 04-1559, 05-1218, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: Jury verdict of patent infringement by the lamp manufacturers was upheld where the trial court properly construed the terms "hollow cylinder" and "affixed to and extending from" and substantial evidence showed that the infringement was direct and willful. Substantial evidence also supported the jury's rejection of the manufacturers' counterclaims.

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Rodrick v. OPM, 05-3274, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: Office of Personnel Management properly denied a former employee's application for an annuity under the Civil Service Retirement System where, inter alia, his three temporary appointments did not fall under 5 C.F.R. § 831.201(a)(1) and there was no evidence that a promotion was a career appointment or granted him competitive status.

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Saab Cars USA, Inc. v. United States, 04-1268, 04-1416, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: United States Court of International Trade's decision affirming the denial of an importer's protests concerning duty allowances for defective imported automobiles was affirmed as the lower court had properly considered the evidence before it under the preponderance of the evidence standard.

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Sapien v. MSPB, 05-3251, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: Merit Systems Protection Board's decision dismissing an employee's appeal of his removal for excessive unauthorized absences and failure to report an unplanned absence as untimely was upheld where the employee failed to show that he was incapacitated from filing an appeal during the entire 14-year delay.

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Stern v. Trs. of Columbia Univ., 05-1291, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: District court properly granted a university and inventor summary judgment on an individual's claim that he should have been named as a coinventor where the individual simply carried out an experiment previously done by the inventor on animals that the inventor had already determined would be good models for prostaglandins research.

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Williams v. OPM, 05-3330, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 17, 2006, Decided
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Overview: Merit Systems Protection Board's conclusion that a former employee was not entitled to retirement credit for the period of his separation from service during which he did not receive Office of Workers' Compensation Programs benefits was affirmed as 5 C.F.R. § 353.107 could not be read to require otherwise.

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