United States DC Circuit

In case where plaintiff civilians employed as National Guard Technicians were involuntarily separated from service and not provided competitive positions they were entitled under former 5 U.S.C. section 3329, an order granting plaintiffs' Rule 60(b)(6) motion, deeming plaintiffs employed and appointed on the dates they would have been employed had defendant not violated 5 U.S.C. section 3329, is vacated as improper for all plaintiffs except one.

Appellate Information

• Argued 12/07/2006
• Decided 03/06/2007
• Published 03/06/2007

Judges

• Before:  BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael J. Ryan, Assistant U.S. Attorney, argued the cause for appellant.   On the briefs were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, R. Craig Lawrence, Assistant U.S. Attorney, and Kevin K. Robitaille, Special Assistant U.S. Attorney.


• For Appellees:
  
• Daniel M. Schember argued the cause and filed the brief for appellee.