United States First Circuit

A physician appointed to the Veterans Health Administration, under 38 USC 7401(1), is a "nonpreference excepted service member" and cannot seek judicial review for adverse employment actions.

Appellate Information

• Decided 12/19/2001
• Published 12/19/2001

Judges

• LYNCH, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alton C. Stevens, with whom Marden, Dubord, Bernier & Stevens was on brief for appellant.


• For Appellees:
  
• Mark W. Pennak, United States Department of Justice, with whom Stuart E. Schiffer, Acting Assistant Attorney General, Paula Silsby, United States Attorney, and Marleigh D. Dover, United States Department of Justice, were on brief for appellee.