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   Federal Courts - Federal Circuit Court of Appeals - February 8, 2006

  
AF v. Nicholson, 05-7092, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided
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Overview: Principles of equitable tolling, as claimed by a veteran, were not applicable to the time period in 38 U.S.C.S. § 5110(a). Section 5110(a), which expressly precluded an effective date earlier than the filing date, was not a statute of limitations, but merely indicated when disability benefits began.

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Amato v. Dep't of the Navy, 06-3096, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided , February 8, 2006, Filed
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Arendi U.S.A., Inc. v. Microsoft Corp., 05-1170, 05-1171, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided , February 8, 2006, Filed
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Baker v. United States, 05-5153, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided
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Bautista v. OPM, 06-3009, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided
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Overview: Even assuming petitioner was not in privity with her husband and therefore her claim for a civil service survivor annuity was not barred by res judicata, she nonetheless bore the burden of showing that the MSPB's decision in his case was incorrect on the merits. She offered no evidence to show his service qualified him for a retirement annuity.

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Contreras v. United States, 05-5108, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided , February 8, 2006, Filed
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Cox v. DOD, 05-3072, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided , February 8, 2006, Filed
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Digital Control Inc. v. Charles Mach. Works, 05-1128, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided
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Overview: Determination patents were unenforceable for inequitable conduct was vacated as it could not be ascertained if trial court would have ruled patents unenforceable based on inventor's misrepresentations, if factual finding on intent would survive trial, and if assessment of credibility would have differed if reference to prior patent was cumulative.

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Glock v. Dep't of Agric., 06-3118, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided , February 8, 2006, Filed
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Logan v. MSPB, 05-3325, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 8, 2006, Decided
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Overview: In light of three year delay of former federal employee's appeal of denial of her grievance, and as she received appeal information in timely fashion, pursuant to 5 U.S.C.S. § 7703(c), Merit Systems Protection Board properly determined that she did not establish, by a preponderance of the evidence, good cause for filing an untimely appeal.

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