Legal Opinion

Fred A. Leistiko v. Michael P.W. Stone, Secretary of the Army National Guard Bureau Richard C. Alexander, the Adjutant General, State of Ohio

Court of Appeals for the Sixth Circuit

Decided March 4, 1998No. 96-3654PublishedCited by 34 opinions

1Opinion of the Court

OPINION

2Per curiam

The plaintiff in this wrongful discharge ease was employed as a Supervisory Aircraft Pilot under the National Guard Technicians Act, 32 U.S.C. § 709. Although the plaintiff was a federal employee, his employment was “administered” by the Ohio Adjutant General, acting as the designee of the Secretary of the Army.

The Adjutant General’s Department terminated the plaintiffs employment after the plaintiff was removed from flying status for medical reasons. Contending that it was not a requirement of his job that he be on flying status, the plaintiff brought suit in federal court. In an…

3Cases cited5 opinions

  1. United States v. FaustoSupreme Court of the United States · 1988
  2. Lindahl v. Office of Personnel ManagementSupreme Court of the United States · 1985
  3. Richard James Booth v. The United StatesCourt of Appeals for the Federal Circuit · 1993
  4. Leistiko v. Secretary of the ArmyDistrict Court, N.D. Ohio · 1996
  5. Frank Carelli v. Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 1982

4Cited by34 opinions

  1. Tracy D. Fisher v. F. Whitten Peters, Acting Secretary of the United States Air ForceCourt of Appeals for the Sixth Circuit · 2001
  2. Jentoft v. United StatesCourt of Appeals for the Federal Circuit · 2006
  3. Daniel v. HagelDistrict Court, E.D. Michigan · 2014
  4. Overton v. New York State Division Of Military And Naval AffairsCourt of Appeals for the Second Circuit · 2004
  5. Munaco v. United StatesCourt of Appeals for the Sixth Circuit · 2008

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