United States DC Circuit

Summary judgment for appellee Navy, in case alleging gender discrimination for being passed over for promotion, is reversed where appellee relied on the wrong section of the relevant regulation in deciding not to convene a Special Selection Board at appellant's request to consider her allegations of gender bias and procedural irregularities.

Appellate Information

• Argued 10/20/2006
• Decided 01/19/2007
• Published 01/19/2007

Judges

• Before:  GARLAND and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eugene R. Fidell argued the cause for appellant.   With him on the briefs was Matthew S. Freedus.  Charlotte E. Cluverius entered an appearance.


• For Appellees:
  
• Edward Himmelfarb, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Marleigh D. Dover, Attorney.