Legal Opinion

James M. Lewis v. United States Marine Corps, Department of the Navy, and Merit Systems Protection Board, Intervenor/respondent

Court of Appeals for the Eighth Circuit

Decided March 31, 1982No. 81-1746PublishedCited by 11 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

James M. Lewis appeals an order of the Merit Systems Protection Board denying his motion for attorney’s fees in his action against the United States Marine Corps and Department of Navy. We affirm the order of the Board.

This case arose from a challenge by Lewis to his removal from his position as a housing maintenance inspector for the United States Marine Corps Finance Center. In May, 1979, the Marine Corps Commanding Officer discharged Lewis. The removal was based on the charge that Lewis neglected his duty and endangered lives and property by failing to respond…

2Cases cited2 opinions

  1. Skogen v. Dow Chemical Co.Court of Appeals for the Eighth Circuit · 1967
  2. Kyle v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1979

3Cited by11 opinions

  1. Leftwich v. Harris-Stowe State CollegeCourt of Appeals for the Eighth Circuit · 1983
  2. Stanley Sterner v. Department of the ArmyCourt of Appeals for the Federal Circuit · 1983
  3. Jerome Yorkshire v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1984
  4. Movie Systems, Inc. v. Edward P. Heller, IIICourt of Appeals for the Eighth Circuit · 1983
  5. Citizens and Landowners Against the Miles City/new Underwood Powerline Joseph D. Bruch, Floyd A. Cammack Anthony H. Bruch Henry Bruch, Rex Schreckenghaust, South Dakota Public Utilities Commission v. Secretary, United States Department of Energy, in His Official Capacity Golden Area Manager, Western Area Power Administration, in His Official Capacity Billings Area Manager, Western Area Power Administration in His Official Capacity, Grand Electric Cooperative, Inc., Citizens and Landowners Against the Miles City/new Underwood Powerline Joseph D. Bruch, Floyd A. Cammack Anthony H. Bruch Henry Bruch, Rex Schreckenghaust, South Dakota Public Utilities Commission v. Secretary, United States Department of Energy, in His Official Capacity Golden Area Manager, Western Area Power Administration, in His Official Capacity Billings Area Manager, Western Area Power Administration, in His Official Capacity Grand Electric Cooperative, Inc.Court of Appeals for the Eighth Circuit · 1982

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