United States Federal Circuit

The district court's transfer of plaintiff's suit, challenging defendant-Army's decision not to promote him, to the US Court of Federal Claims is remanded where it is unclear from the record whether the action could have been brought in the latter court under the Tucker Act.

Appellate Information

• Decided 09/17/2004
• Published 09/17/2004

Judges

• BRYSON, Circuit Judge., Before LOURIE, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Victoria J. Franklin-Sisson, Emond, Vines, Gorham & Waldrep, P.C., of Birmingham, AL, argued for plaintiff-appellant.   On the brief was Victor Kelley.


• For Appellees:
  
• Robert E. Kirschman, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director.   Of counsel on the brief were Lieutenant Colonel Vanessa Crockford and Major Gary P. Corn, Attorneys, United States Army, Army Litigation Division, of Arlington, VA.