Legal Opinion
Kenneth M. Allen v. United States Postal Service
Court of Appeals for the Federal Circuit
Decided May 4, 1998No. 97-3319PublishedCited by 10 opinions
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
Kenneth M. Allen appeals the final decision of the Merit Systems Protection Board, Docket No. CH035S960993-I-1, affirming the action of the United States Postal Service (“USPS”) in connection with denial of a job opportunity that arose during his absence for military service. 1 We conclude that the Board erred in application of 38 U.S.C. § 4301(b)(3). The decision of the Board is reversed; we remand for appropriate further proceedings.
BACKGROUND
Mr. Allen was employed by the USPS as a Tool and Parts Clerk, level PS-5, in a position designated for the afternoon or…
2Cases cited7 opinions
- Monroe v. Standard Oil Co.Supreme Court of the United States · 1981
- Stanley Diaz-Gandia v. Maria Rosa Dapena-ThompsonCourt of Appeals for the First Circuit · 1996
- Donald W. Carlson v. New Hampshire Department of SafetyCourt of Appeals for the First Circuit · 1979
- Kenneth H. Waltermyer v. Aluminum Company of AmericaCourt of Appeals for the Third Circuit · 1986
- Alan Carney v. Cummins Engine Company, Inc.Court of Appeals for the Seventh Circuit · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Charley D. Hill v. Michelin North America, IncorporatedCourt of Appeals for the Fourth Circuit · 2001
- Erickson v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 2009
- Hernandez v. Department of the Air ForceCourt of Appeals for the Federal Circuit · 2007
- McMillan v. Department of JusticeCourt of Appeals for the Federal Circuit · 2016
- Jeffrey N. Thomsen v. Department of the TreasuryCourt of Appeals for the Federal Circuit · 1999
5 more not listed; retrieve them via the Exa API.