Morrison v. National Science Foundation
Court of Appeals for the Federal Circuit
1Opinion of the Court
PLAGER, Senior Circuit Judge.
Richard E. Morrison successfully challenged an agency decision to suspend him indefinitely. He then sought an award of attorney fees under the Back Pay Act. The arbitrator who reversed the indefinite suspension imposed by the agency denied the fee request as not warranted in the interest of justice. Because the arbitrator erred by changing his theory of the case as a basis for denying attorney fees, we reverse and remand for further proceedings.
BACKGROUND
Until his retirement in January 2005, Morrison was employed as a GS-15 senior economist at the National Science…
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