United States DC Circuit

Summary judgment for appellee Navy, in case alleging appellant was discharged after being passed over for promotion as appellee improperly failed to transfer him to inactive status, is affirmed where 10 U.S.C. section 12642 does not provide a specific time frame in which the Navy must transfer qualified reservists to inactive status.

Appellate Information

• Argued 11/09/2006
• Decided 01/19/2007
• Published 01/19/2007

Judges

• Before:  HENDERSON, TATEL and GRIFFITH, Circuit Judges.

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.


• For Appellees:
  
• W. Mark Nebeker, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Michael J. Ryan, Assistant U.S. Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.