United States Federal Circuit

In a case involving a Navy officer who was involuntarily discharged following his second non-selection for promotion, a ruling reinstating him as a lieutenant with back pay is reversed where, contrary to the trial court's finding, the Navy adhered to the relevant statutory and regulatory procedures in delaying plaintiff's promotion and later removing his name from the promotion list.

Appellate Information

• Decided 01/04/2007
• Published 01/04/2007

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, LINN and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Eugene R. Fidell, Feldesman Tucker Leifer Fidell LLP, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief was Matthew S. Freedus.


• For Appellees:
  
• Douglas K. Mickle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   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 Captain Thomas B. Merritt, Jr., General Litigation Division, Office of the Judge Advocate General, United States Department of the Navy, of Washington, DC. Of counsel was Lt. Cdr. Thomas F. Leary.