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   Federal Courts - Federal Circuit Court of Appeals - May 4 - May 8, 2007

  
Gershfeld v. MSPB, 2006-3347, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 4, 2007, Decided
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Overview: MSPB properly dismissed, for lack of jurisdiction under 5 U.S.C.S. § 7701(a), an employee's appeal, which requested corrections to his pay history, because his reassignment involved a promotion at a higher salary and not a reduction in either grade or pay and he did not show that the agency improperly followed its rules in delaying his promotion.

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Harris v. Nicholson, 2007-7180, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 4, 2007, Decided , May 4, 2007, Filed
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In re Princo Corp., MISCELLANEOUS DOCKET NO. 841, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 4, 2007, Decided
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Overview: Respondent was denied rehearing of decision, which granted petitioners writ of mandamus directing a stay until related proceedings, including appeals, became final because 19 U.S.C.S. § 1337 did not define finality for purposes of 28 U.S.C.S. § 1659, which meant that a Commission proceeding did not "become final" until all appeals were exhausted.

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In re Princo Corp., Miscellaneous No. 841, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 4, 2007, Decided , May 4, 2007, Filed
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Mullins v. DOC, 06-3284, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 4, 2007, Decided
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Overview: Pursuant to 5 U.S.C.S. § 7703(c)(1)-(3), MSPB's affirmance of agency's removal of an employee was supported by substantial evidence, including his testimony that he submitted fabricated hotel receipts, and the deciding official's knowledge of the employee's prior job losses was not an ex parte communication and did not violate due process.

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Polyethylene Retail Carrier Bag Comm. v. United States, 2006-1601, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 4, 2007, Decided
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Overview: Exporters of polyethylene retail carrier bags were properly excluded from antidumping order, since electricity costs were properly calculated based on total usage, raw materials costs were market-determined, and generalized methodologies for reporting factors of production and allocating ink consumption were proper absent product-specific data.

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Trobovic v. MSPB, 2006-3341, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 4, 2007, Decided
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Johnson & Johnston Assocs. v. R.E. Serv. Co., 2006-1252, 2006-1253, 2006-1545, 2006-1546, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 8, 2007, Decided , May 8, 2007, Filed
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State Contr. & Eng'g Corp. v. Condotte Am., Inc. , 2007-1275, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 8, 2007, Decided , May 8, 2007, Filed
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