Burroughs v. Office of Personnel Management

The defendant-appellees (hereinafter OPM) in Burroughs v. Office of Personnel Management, 764 F.2d 1300 (9th Cir.1985), moved for rehearing and have suggested rehearing en banc.

OPM argues that the district court lacked the subject-matter jurisdiction to issue a writ of mandamus. OPM cites the recent decision of the District of Columbia Circuit in Barnhart v. Devine, 771 F.2d 1515 (D.C.Cir.1985), in support of its contention and asserts that this court’s decision in Veit v. Heckler, 746 F.2d 508 (9th Cir.1984) is controlling. The majority of the panel has voted to deny OPM’s motion for…