Legal Opinion

Kay Coles James Director of the Office of Personnel Management v. Elisabeth Von Zemenszky, and Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided April 1, 2002No. 00-3418PublishedCited by 37 opinions

1Opinion of the Court

BRYSON, Circuit Judge.

The issue in this case is whether the Department of Veterans Affairs may separate a physician from her position in the agency without complying with the reduction-in-force statutes and regulations that apply to civil service employees generally. We hold that the reduction-in-force statutes and regulations are applicable to such an employee and that the Merit Systems Protection Board therefore had jurisdiction over the appeal from her separation.

I

On August 28, 1988, Dr. Elisabeth Von Zemenszky received an appointment as a physician in the Veterans Health Administration…

2Cases cited16 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Christensen v. Harris CountySupreme Court of the United States · 2000
  4. Reno v. KoraySupreme Court of the United States · 1995
  5. Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976

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3Cited by37 opinions

  1. Kelly Butterbaugh, Roseanne T. Faltin, John C. Marderness, Robert J. Bono v. Department of JusticeCourt of Appeals for the Federal Circuit · 2003
  2. Curry v. United StatesUnited States Court of Federal Claims · 2008
  3. Durr v. ShinsekiCourt of Appeals for the Eleventh Circuit · 2011
  4. Bark v. United States Forest ServiceDistrict Court, District of Columbia · 2014
  5. Mercier v. United StatesCourt of Appeals for the Federal Circuit · 2015

32 more not listed; retrieve them via the Exa API.

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