United States Federal Circuit

Defendant's motion for summary judgment is affirmed, thus denying plaintiff's claims for reinstatement to the Navy and medical additional special pay. The President's decision not to appoint plaintiff to the grade of rear admiral is not reviewable.

Appellate Information

• Decided 05/26/2004
• Published 05/26/2004

Judges

• DYK, Circuit Judge., Before RADER, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles W. Gittens,Law Offices of Charles W. Gittins, P.C., of Middletown, VA, argued for plaintiff-appellant., Eugene R. Fidell, Feldesman Tucker Leifer Fidell LLP, of Washington, DC, argued for amici curiae.   With him on the brief were Matthew S. Freedus and Todd A. Wynkoop.


• For Appellees:
  
• Brent M. McBurney, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel on the brief was Gregory R. Bart, Lt. Cmdr., United States Navy, Office of the Judge Advocate General, of Washington, DC. Of counsel was Edward J. Duffy, Lt. Col., United StatesMarine Corps, Office of the Judge Advocate General, of Washington, DC.