Doggett v. United States

This simple case could be disposed of by order instead of signed opinion except that it involves the important question of whether plaintiff has a clear-cut legal entitlement to the pay of an office to which he claims he should have been promoted. The case is before us on cross motions for summary judgment and there is no issue as to any relevant fact. We conclude that the promotion remained discretionary and the plaintiff cannot recover. In discussing plaintiff’s contentions to the extent we do, we assume arguendo that our jurisdiction extends that far.

The plaintiff was and is a Postal…