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United States DC Circuit


Tootle v. Sec'y of the Navy, 04-5409

Dismissal of a complaint for lack of subject matter jurisdiction is reversed and a petition for a writ of mandamus is granted where the district court was not divested of its jurisdiction by the Tucker Act with regards to petitioner's suit under the Administrative Procedure Act challenging a determination made by a Navy physical evaluation board that petitioner was "fit for duty," and, thus, not eligible for medical retirement.

Appellate Information

  • Decided 05/05/2006
  • Published 05/05/2006

Judges

Court

  • United States DC Circuit

Counsel

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