United States DC Circuit

Petition for review of a decision by agency-respondent not to reverse the effects of petitioner, naval officer's, non-judicial punishment resulting from a submarine's collision with a fishing vessel is granted where the district court erred in dismissing the case for lack of subject matter jurisdiction.

Appellate Information

• Argued 11/17/2005
• Decided 01/27/2006
• Published 01/31/2006

Judges

• Before:  GINSBURG, Chief Judge, and GARLAND and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eugene R. Fidell argued the cause for appellant.   With him on the briefs were Matthew S. Freedus and Charlotte E. Cluverius., Barton F. Stichman, Arnon D. Siegel, and Michael C. Higgins were on the brief of amicus curiae The National Veterans Legal Services Program in support of appellant.


• For Appellees:
  
• Peter D. Blumberg, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and D. Jacques Smith, Commander, Office of the Judge Advocate General.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.