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   Federal Courts - Federal Circuit Court of Appeals - March 12, 2007

  
Bellehumeur v. Bonnett, 2006-1351, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided , March 12, 2007, Filed
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Daniel v. OPM, 2007-3118, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided , March 12, 2007, Filed
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Dinesol Bldg. Prods. v. Tapco Int'l, Inc., 06-1536, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided , March 12, 2007, Filed
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Gordon v. MSPB, 20 06-3329, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided
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Overview: Substantial evidence supported MSPB's dismissal of an employee's appeal of her removal, which was untimely filed under 5 C.F.R. § 1201.22(c) without a showing of good cause, because the testimony of the agency was that it properly addressed and mailed the decision to the employee and the airbill showed delivery the day after the decision.

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Harris-Coleman v. OPM, 2007-3047, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided
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Overview: Pursuant to 5 U.S.C.S. § 7703(c), MSPB properly affirmed Office of Personnel Management's denial of Civil Service Retirement System annuity benefits after employee withdrew her retirement contributions because a vacatur of a settlement agreement in her anti-discrimination case that was dismissed against her employer did not render her reinstated.

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Kelly v. Dep't of Agric., 2007-3012, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided
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Overview: Under judicial review pursuant to under 5 U.S.C.S. § 7703(c), the U.S. Court of Appeals for the Federal Circuit reversed a decision of the Merit Systems Protection Board (Board) that found an employee's termination was valid based on her computer use, and based in part on two ex parte statements of supervisory personnel.

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King v. VA, 2007-3034, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided
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Overview: Administrative judge's finding that the VA had shown by clear and convincing evidence that it would have taken the same personnel actions (denial of bonus and failure to promote) even in the absence of petitioner's whistleblowing was supported by substantial evidence. MSPB's denial of petitioner's request for correction action was upheld.

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Suburban Mortg. Assocs. v. United States HUD, 06-1207, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided
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Overview: Where a lender under a federal housing program sought a declaration that the government failed to comply with its mortgage insurance obligations, jurisdiction under the APA was precluded since the lender essentially sought monetary relief which was available in the U.S. Court of Federal Claims, and thus the lender had an adequate remedy.

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Velez v. Dep't of Homeland Sec., 06-3305, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided , March 12, 2007, Filed
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Z4 Techs., Inc. v. Microsoft Corp., 2006-1640, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 12, 2007, Decided , March 12, 2007, Filed
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