Legal Opinion

Amin v. Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided December 17, 1991No. Nos. 91-3271, 91-3281PublishedCited by 5 opinions

1Opinion of the Court

COWEN, Senior Circuit Judge.

In these cases, which have been consolidated for the purposes of this decision, the court is called upon to resolve the issues presented in two distinct but related controversies.

The first issue is whether under the provisions of 5 U.S.C.A. § 7703(a)(2) (West Supp.1991), the employing agencies, rather than the Merit Systems Protection Board (MSPB or Board), should be designated as the respondent in the two appeals. This question, which we refer to as the “Caption Issue,” comes before the court on motion of the Department of Agriculture (Agriculture) in the Amin…

2Cases cited19 opinions

  1. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
  2. Train v. Colorado Public Interest Research Group, Inc.Supreme Court of the United States · 1976
  3. Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
  4. Billy G. Asberry v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1982
  5. G.K. Phillips v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1982

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3Cited by5 opinions

  1. Jill K. Massie, as Mother and Next Friend of Autumn Massie v. United StatesCourt of Appeals for the Federal Circuit · 1999
  2. Mitchell v. United StatesUnited States Court of Federal Claims · 1999
  3. United States v. Dantzler Lumber & Export Co.United States Court of International Trade · 1993
  4. Cunningham v. United StatesUnited States Court of Federal Claims · 2012
  5. Yusuf D. Amin v. Merit Systems Protection Board, and Department of Agriculture, Intervenor. Michael A. Lavender v. Merit Systems Protection Board v. United States Postal Service, IntervenorCourt of Appeals for the Federal Circuit · 1991

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