Legal Opinion

Joseph v. Mazares, Jr. v. Department of the Navy, Michael R. Testman v. Department of the Navy

Court of Appeals for the Federal Circuit

Decided September 11, 2002No. 01-3337, 01-3338PublishedCited by 10 opinions

1Opinion of the Court

FRIEDMAN, Senior Circuit Judge.

The Department of the Navy removed two civilian seamen it employed aboard a naval ship because they disobeyed an order to be vaccinated against anthrax. The Merit Systems Protection Board (“Board”) upheld both removals. So do we.

I

A. The facts found by the Board’s administrative judge are not disputed.

The petitioners Mazares and Testman were employed by the Military Sealift Command aboard the naval ship Kilauea. The crew was approximately eighty percent civilian mariners (known in Navy lexicon as CIVMARs) and twenty percent military personnel. The Kilauea carried…

2Cases cited6 opinions

  1. Robert A. Bieber v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2002
  2. Maria S. Miguel v. Department of the ArmyCourt of Appeals for the Federal Circuit · 1984
  3. Michael J. Brown v. Department of the NavyCourt of Appeals for the Federal Circuit · 2000
  4. Dwayne T. Mings v. Department of JusticeCourt of Appeals for the Federal Circuit · 1987
  5. Paul v. Connolly v. United States Department of JusticeCourt of Appeals for the Federal Circuit · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Bates v. DonleyDistrict Court, District of Columbia · 2013
  2. Rempfer v. U.S. Department of Air Force Board for Correction of Military RecordsDistrict Court, District of Columbia · 2008
  3. Rupert v. GerenDistrict Court, D. Maryland · 2009
  4. Sutton v. Department of JusticeCourt of Appeals for the Federal Circuit · 2004
  5. Chase v. Department of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2003

5 more not listed; retrieve them via the Exa API.

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