Lula A. McGlasson v. The United States

Although I hesitate, as a rule, to express dissent, I feel bound to do so in this case. After a careful review of the plurality opinion, the briefs of the parties, the transcript, and the exhibits, I unhesitatingly conclude that this case “ ‘exude[s] an odor piscatorial.’ ” Alinco Life Ins. Co. v. United States, 373 F. 2d 336, 341, 178 Ct.Cl. 813, 823 (1967).

We are authorized to set aside the Civil Service Commission’s (CSC) determination of disability in an involuntary retirement proceeding, or refuse to recognize it as valid, where there has been a substantial departure from important…