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   Federal Courts - Federal Circuit Court of Appeals - February 27, 2006

  
Am. Int'l Chem., Inc. v. United States, 2005-1569, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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Benjamin v. OPM, 06-3044, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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Brenneman v. OPM Mgmt., 05-3286, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided
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Overview: MSPB did not err in affirming decision to deny employee's application for disability retirement under Civil Service Retirement System because the record indicated that MSPB considered the testimony of the employee and her psychiatrist and found it insufficient, and court had no authority, pursuant to 5 U.S.C.S. § 8347(c), to disturb that finding.

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Coradeschi v. Dep't of Homeland Sec., 05-3075, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided
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Overview: A former employee made sufficient nonfrivolous allegations that he was an employee for purposes of 5 U.S.C.S. § 7511 and MSPB jurisdiction where his prior position as an INS agent and his subsequent federal air marshal position required him to apprehend and subdue criminals, carry and be proficient with a firearm, and investigate criminal activity.

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King v. Nicholson, 05-7106, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided
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Overview: Lower court properly held that a veteran had abandoned his appeal of an earlier effective for an increased disability rating as he did not show that the BVA failed to apply an exception to 38 U.S.C.S. § 5110(a) and did not argue that he filed his claim for an increased rating earlier than the year the BVA finally decided his 50 percent rating.

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Lamb v. Nicholson, 2006-7056, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co., 05-1224, -1228, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided
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Overview: Lack of good faith explanation for failing to disclose prior art in patent application did not by itself establish intent to deceive patent examiner to support finding of patent invalidity based on inequitable conduct, and differences between prior device and patented device precluded finding that inventor must have known prior device was relevant.

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McPhail v. Nicholson, 05-7118, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided
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Overview: The lower court properly held that a veteran had abandoned his allegations of clear and unmistakable error where he failed to assert that two disability rating decisions were not final or that certain statements constituted a notice of disagreement (NOD) and he had not sought an extension of time to file an NOD.

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Pac. Aero. & Elecs., Inc. v. Sri Hermetics, Inc., 2006-1123, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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Tully v. MSPB, 05-3309, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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