Legal Opinion

Bennett v. Merit System Protection Board

Court of Appeals for the Federal Circuit

Decided March 30, 2011No. 2010-3084PublishedCited by 23 opinions

1Opinion of the Court

GAJARSA, Circuit Judge.

This case arises from a decision of the Merit Systems Protection Board (“MSPB”), dismissing Sarah Bennett’s (“Bennett”) appeal of her removal from her position as a sales clerk in the Veterans Canteen Services (“VCS”). The MSPB dismissed the appeal for lack of jurisdiction. The issue before us is whether an individual hired by the VCS pursuant to 38 U.S.C. § 7802 has appeal rights under chapters 75 and 77 of title 5. For the reasons discussed below, we hold that such an employee does not, and we affirm the MSPB’s decision.

Background

Bennett’s employment with the VCS…

2Cases cited13 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
  3. United States v. FaustoSupreme Court of the United States · 1988
  4. National Ass'n of Home Builders v. Defenders of WildlifeSupreme Court of the United States · 2007
  5. Corley v. United StatesSupreme Court of the United States · 2009

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

3Cited by23 opinions

  1. Norris v. Securities & Exchange CommissionCourt of Appeals for the Federal Circuit · 2012
  2. Seven Resorts, Inc. v. United StatesUnited States Court of Federal Claims · 2013
  3. Biggers v. Department of the NavyCourt of Appeals for the Federal Circuit · 2014
  4. Parkinson v. Department of JusticeCourt of Appeals for the Federal Circuit · 2017
  5. Romero v. Department of DefenseCourt of Appeals for the Federal Circuit · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API