Legal Opinion

Smith v. Department of the Army

Court of Appeals for the Federal Circuit

Decided August 11, 2006No. 2005-3266Published

1Opinion of the Court

458 F.3d 1359

Joseph E. SMITH, Petitioner,

v.

DEPARTMENT OF THE ARMY, Respondent.

No. 05-3266.

United States Court of Appeals, Federal Circuit.

August 11, 2006.

Vincent E. Polsinelli, Nixon Peabody LLP, of Albany, New York, argued for petitioner. With him on the brief was John E. Higgins.

Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Harold D. Lester, Jr., Assistant Director. Of counsel was…

Also in this document: Dissent.

2Cases cited9 opinions

  1. Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
  2. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  3. Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
  4. John H. Kerr v. National Endowment for the ArtsCourt of Appeals for the Federal Circuit · 1984
  5. James L. Worthington v. United StatesCourt of Appeals for the Federal Circuit · 1999

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