Legal Opinion

Brenda Bennett v. Department of the Navy

Court of Appeals for the Federal Circuit

Decided February 4, 1983No. Appeal 16-82PublishedCited by 60 opinions

1Opinion of the Court

BENNETT, Circuit Judge.

Petitioner appeals from a decision of the Merit Systems Protection Board (MSPB). See 5 U.S.C. §§ 7701, 7703 (Supp.V 1981), amended by the Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, tit. I, § 144, 96 Stat. 25, 38, 45. The issue on appeal is the proper scope of the attorney fee provision of 5 U.S.C. § 7701(g)(1). In the proceeding below, the MSPB held, in effect, that the concept of attorney fees encompassed the attorney’s hourly rate plus his out-of-pocket expenses for toll telephone charges, photocopying, postage, and local transportation, but did not…

2Cases cited10 opinions

  1. State of Illinois v. Sangamo Construction Co. And J. L. Simmons Company, Inc., DefendantsCourt of Appeals for the Seventh Circuit · 1981
  2. Copper Liquor, Inc., Robert Earl Basham, Jr., or the Estate of Harold Letcher, Deceased, Cross-Appellant v. Adolph Coors Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  3. United States v. Marrian Kolesar and Andrew Kolesar, Her HusbandCourt of Appeals for the Fifth Circuit · 1963
  4. Wheeler v. Durham City Board of EducationCourt of Appeals for the Fourth Circuit · 1978
  5. Vecchione v. WohlgemuthDistrict Court, E.D. Pennsylvania · 1979

5 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Guy v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 1997
  2. Mathis v. SpearsCourt of Appeals for the Federal Circuit · 1988
  3. Gavette v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1986
  4. Stanley Sterner v. Department of the ArmyCourt of Appeals for the Federal Circuit · 1983
  5. Charles E. Gavette v. Office of Personnel Management and Department of the TreasuryCourt of Appeals for the Federal Circuit · 1986

55 more not listed; retrieve them via the Exa API.

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