Legal Opinion

Patrick F. X. McGucken v. The United States

United States Court of Claims

Decided March 14, 1969No. 154-67PublishedCited by 43 opinions

1Opinion of the Court

ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

DURFEE, Judge.

This is an action for back pay in which plaintiff, an Attorney-Advisor, Corps of Engineers, Department of the Army, Baltimore, Maryland, claims that his resignation was involuntary, and as a preference eligible, the denial of an oral hearing with the Corps of Engineers and with the Civil Service Commission was arbitrary and illegal. Both sides have moved for summary judgment.

On January 10, 1966, plaintiff was informed by letter that there was a proposal to reassign him to the vacant position of…

2Cases cited3 opinions

  1. Fruhauf Southwest Garment Co. v. United StatesUnited States Court of Claims · 1953
  2. Ernest Paroczay v. Luther H. Hodges, Individually and as Secretary of Commerce of the United StatesCourt of Appeals for the D.C. Circuit · 1961
  3. William G. Rich, Jr. v. Honorable James P. Mitchell, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1959

3Cited by43 opinions

  1. Christie v. United StatesUnited States Court of Claims · 1975
  2. Harvey M. Scharf v. Department of the Air ForceCourt of Appeals for the Federal Circuit · 1983
  3. 55 Fair empl.prac.cas. 1675, 57 Empl. Prac. Dec. P 40,952 Julio M. Cruz v. Department of the NavyCourt of Appeals for the Federal Circuit · 1991
  4. Dorl v. United StatesUnited States Court of Claims · 1973
  5. Bridgett L. Burgess v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1985

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