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   Federal Courts - Federal Circuit Court of Appeals - June 5 - June 6, 2006

  
Am. Online, Inc. v. United States, 05-5138, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 5, 2006, Decided , June 5, 2006, Filed
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Bradley v. Nicholson, 05-7192, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 5, 2006, Decided , June 5, 2006, Filed
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Gates v. Merit Sys. Prot. Bd., 05-3292, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 5, 2006, Decided
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Overview: Where a federal employee had not obtained a decision by the Office of Personnel Management on his request to change back from participating in the Federal Employees' Retirement System to participating in the Civil Service Retirement System, Merit Systems Protection Board properly dismissed employee's appeal to the Board per 5 U.S.C.S. § 8347(d)(1).

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Honeywell Int'l, Inc. v. United States, 05-5145, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 5, 2006, Decided , June 5, 2006, Filed
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Lacavera v. Dudas, 05-1204, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 5, 2006, Decided , June 5, 2006, Filed
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Pactiv Corp. v. Dow Chem. Co., 05-1260, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 5, 2006, Decided
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Overview: Agreement between plaintiff and patent owner precluded plaintiff from challenging the validity of the patents at issue. Provision that plaintiff's obligation to pay royalties would terminate if the patents were found invalid through any proceeding did not expressly reserve the right to maintain future invalidity and enforceability challenges.

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Archibald v. Dep't of the Air Force, 06-3068, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2006, Decided
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Overview: MSPB properly upheld the correction of federal employee's retirement eligibility from Civil Service Retirement System (CSRS) to CSRS-Offset; the length in the break in employee's service (5 U.S.C.S. § 8402(b)(1) and 42 U.S.C.S. § 410(a)(5)) was measured from the date of employee's actual service, not the date he accepted his latest position.

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Burden v. United States Postal Serv., 05-3042, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2006, Decided , June 6, 2006, Filed
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Independence Park Apts. v. United States, 05-5034, 05-5035, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2006, Decided
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Overview: Where the Emergency Low Income Housing Preservation Act (ELIHRA) and Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA) caused a compensable, temporary taking of contractual rights of mortgagees, the damages awarded should have been reduced because a local rent control ordinance was not preempted by ELIHRA and LIHPRHA.

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KSend v. United States, 06-5033, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2006, Decided
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Overview: Rejection of a business's bid for a federal contract was not arbitrary or capricious; original solicitation of bids, as well as a subsequent clarification of the solicitation, made clear that overhead transparencies for a presentation required as part of the selection process must be included with the bid.

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