Jerry Frazier, a Minor, by His Next Friend, T. L. Frazier, and T. L. Frazier v. United States

I respectfully dissent.

The facts as found by the District Court establish that the Forest Service asked Nabors to accept a transfer to Cleveland, Tennessee. The Forest Service obviously considered that it would be to its benefit for Nabors to work in Cleveland, rather than Jackson, Mississippi. Otherwise Nabors would not have been asked to accept the transfer and to agree to continue his employment with the Service for at least one additional year. In my opinion this situation is analogous to those cases cited in the opinion of the District Court involving the transfer of military personnel…