Legal Opinion
Rear Admiral (Lh) Noel K. Dysart, Medical Corps, U.S. Navy (Ret.) v. United States
Court of Appeals for the Federal Circuit
Decided May 26, 2004No. 03-5106PublishedCited by 77 opinions
1Opinion of the Court
DYK, Circuit Judge.
On June 12, 1998, the President removed appellant Rear Admiral (Lower Half) Noel K. Dysart from the promotion list for the grade of rear admiral in the United States Navy (“Navy”). The appellant filed suit in the Court of Federal Claims, asserting that he had been automatically promoted to that grade as of September 1, 1997, and that he was entitled to the corresponding pay and benefits. In addition, the appellant sought reinstatement to the Navy and asserted a separate claim for medical additional special pay (“MASP”). The Court of Federal Claims granted summary judgment…
2Cases cited31 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Buckley v. ValeoSupreme Court of the United States · 1976
- United States v. TestanSupreme Court of the United States · 1976
- Freytag v. CommissionerSupreme Court of the United States · 1991
- Orloff v. WilloughbySupreme Court of the United States · 1953
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3Cited by77 opinions
- Murakami v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Evelyn L. Lewis v. United StatesCourt of Appeals for the Federal Circuit · 2006
- Antonellis v. United StatesCourt of Appeals for the Federal Circuit · 2013
- Robert G. Smith v. Secretary of the Army, and Army Board for Correction of Military RecordsCourt of Appeals for the Federal Circuit · 2004
- Martinez v. United StatesUnited States Court of Federal Claims · 2007
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