United States Federal Circuit
Kirkendall v. Dep't of the Army, 05-3077
Dismissal of disabled veteran's claims that he had been discriminated against in violation of the Veterans Employment Opportunities Act (VEOA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) is reversed where the VEOA is subject to equitable tolling and plaintiff was entitled to a hearing on his USERRA claim.
Appellate Information
- Decided 03/07/2007
- Published 03/07/2007
Judges
- Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- John E. Kirkendall, of Floral City, Florida, pro se.
- For Appellees:
- Gerald M. Alexander, 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 Donald E. Kinner, Assistant Director.