Albert Piccone v. The United States

I concur in all the points of Judge DAVIS’s opinion. However, it reaches its destination without considering, except obliquely, a matter the parties briefed and argued at length. I would prefer to deal with that issue head on, and hereby do so.

Our commissioner, in his report to the court, stated that the Federal Personnel Manual and the Naval Civilian Personnel Instructions were not introduced in’ evidence during the trial but that judicial notice was taken of them. Referring to certain provisions of the former, he relied on them to show that the action of the Navy was premature and…