Legal Opinion

James B. Dowd, Jr. v. The United States

Court of Appeals for the Federal Circuit

Decided August 1, 1983No. Appeal 83-582PublishedCited by 27 opinions

1Opinion of the Court

EDWARD S. SMITH, Circuit Judge.

Petitioner claims that time-in-grade restrictions were improperly applied to him by the Department of the Army, resulting in its refusal to consider him for a position for which he was otherwise eligible. The Merit Systems Protection Board (board) denied relief on the ground that it lacked jurisdiction of claims arising out of time-in-grade restrictions. We reverse.

Petitioner was a Management Auditor at the GS-7 level with the General Accounting Office, a congressional establishment and so a part of the legislative branch. On July 9, 1980, the Office of…

2Cases cited5 opinions

  1. United States v. New York Telephone Co.Supreme Court of the United States · 1977
  2. Pfizer Inc. v. Government of IndiaSupreme Court of the United States · 1978
  3. Helvering v. Morgan's, Inc.Supreme Court of the United States · 1934
  4. Lawrence R. Rosano v. Department of the NavyCourt of Appeals for the Federal Circuit · 1983
  5. Atwell v. Merit Systems Protection BoardCourt of Appeals for the D.C. Circuit · 1981

3Cited by27 opinions

  1. Gilland v. OwensDistrict Court, W.D. Tennessee · 1989
  2. Salmon Spawning & Recovery Alliance v. United States Customs & Border ProtectionCourt of Appeals for the Federal Circuit · 2008
  3. Schweitzer v. United StatesUnited States Court of Federal Claims · 2008
  4. George Dunbar Prewitt, Jr. v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1998
  5. Samuel F. Vesser, Jr. v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1994

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