Legal Opinion

Margaret J. Kenneth v. Paul Schmoll, Director

Court of Appeals for the Tenth Circuit

Decided August 7, 1973No. 72-1831PublishedCited by 13 opinions

1Opinion of the Court

McWILLIAMS, Circuit Judge.

Margaret J. Kenneth, a registered nurse, was hired in November 1970 as a nurse at the VA Hospital in Albuquerque, New Mexico. By statute, the initial hiring by the VA of a nurse, as well as a doctor or a dentist, as “additional personnel” under 38 U.S.C. §§ 4104 and 4106 is for a three-year probationary period. On July 24, 1972, the VA advised Kenneth that she would be “separated from the service for failure to qualify and satisfactorily perform the duties of [her] position, effective Saturday, July 29, 1972.”

On August 2, 1972, Kenneth filed an action in the district…

2Cases cited5 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  3. Unemployment Compensation Comm'n of Alaska v. AragonSupreme Court of the United States · 1946
  4. Commissioner v. First Security Bank of Utah, N. A.Supreme Court of the United States · 1972
  5. Robert W. Parker v. United States of America, and Western Wood Products Association, IntervenorCourt of Appeals for the Tenth Circuit · 1971

3Cited by13 opinions

  1. Franks v. NimmoCourt of Appeals for the Tenth Circuit · 1986
  2. Franks v. NimmoCourt of Appeals for the Tenth Circuit · 1986
  3. Homeland Stores, Inc. v. Resolution Trust Corporation, and Bob's Super Saver, Inc.Court of Appeals for the Tenth Circuit · 1994
  4. Giordano v. RoudebushCourt of Appeals for the Eighth Circuit · 1980
  5. Animal Health Institute v. United States Department of AgricultureDistrict Court, D. Colorado · 1980

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