United States Federal Circuit

In an action brought by a retired Air Force aircraft mechanic alleging that he had been erroneously charged military leave for certain years, dismissal of petitioner's appeal as moot is reversed in part and remanded where the Merit Systems Protection Board erred by declining to remand his claim for further proceedings as related to alleged violations occurring prior to the enactment of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Appellate Information

• Decided 08/27/2007
• Published 08/27/2007

Judges

• MAYER, Circuit Judge., Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mathew B. Tully, Tully, Rinckey & Associates, P.L.L.C., of Albany, NY, for petitioner.


• For Appellees:
  
• Douglas K. Mickle, 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, Jeanne E. Davidson, Director, and Todd M. Hughes, Assistant Director.   Of counsel on the brief was Lieutenant Colonel Kenneth Bullock, Air Force Legal Operation Agency, United States Air Force, of Arlington, VA. Of counsel was Captain Richard S. O'Brien.