United States Federal Circuit

The Court of Federal Claims's refusal to apply a harmless error inquiry in military passover discharge cases is reversed where two-thirds of the white retired officers would receive a substantial financial windfall to which they have no valid claim.

Appellate Information

• Decided 07/29/2003
• Published 07/29/2003

Judges

• FRIEDMAN, Senior Circuit Judge., Before LINN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Barry P. Steinberg, Kutak Rock, of Washington, DC, for amici curiae Ronald Alvin, et al., and Michael Christensen, et. al.   Of counsel on the brief was William A. Aileo, Attorney at Law, of Springville, Pennsylvania.


• For Appellees:
  
• John K. Larkins, Jr.,Chilivis, Cochran, Larkins & Bever LLP, of Atlanta, Georgia, argued for plaintiffs-appellees., Robert M. Loeb, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Robert D. McCallum, Jr., Associate Attorney General;  and Marleigh Dover, Attorney.