United States Federal Circuit

Dismissal of plaintiff's employment discrimination claim under the Uniformed Services Employment and Reemployment Rights Act, for lack of jurisdiction, is reversed where he properly asserted a non-frivolous allegation of discrimination on the basis of his prior service in the military.

Appellate Information

• Decided 09/19/2005
• Published 09/20/2005

Judges

• SCHALL, Circuit Judge., Before SCHALL, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Guy C. Patterson, pro se petitioner.


• For Appellees:
  
• Cristina C. Ashworth, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director and Robert E. Kirschman, Jr., Assistant Director.   Of counsel on the brief were Steven E. Abow and Risa B. Cherry, Attorneys, Office of Personnel Management, of Washington, DC.