United States Federal Circuit

Claims for back military pay and reinstatement, stemming from discharge from the Navy, were improperly dismissed where the Navy's religious accommodation procedures were relevant to the voluntariness of claimant's separation.

Appellate Information

• Decided 08/12/2002
• Published 08/12/2002

Judges

• ARCHER, Senior Circuit Judge., Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Herbert William Titus, Troy A. Titus, P.C, of Virginia Beach, VA, argued for plaintiff-appellant.


• For Appellees:
  
• Lauren S. Moore, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Robert E. Kirschman, Jr., Assistant Director.   Of counsel on the brief was Major Eugene H. Robinson, Jr., Litigation Attorney, United StatesMarine Corps, Office of the Judge Advocate General.   Of counsel was Hagen W. Frank, Department of the Navy, of Washington, DC.