Legal Opinion

Dr. Joseph Gilbert, Plaintiff-Appellant-Cross-Appellee v. Donald Johnson, Defendants-Appellees-Cross-Appellants, Sam F. Lowe, Jr., Movant-Appellant

Court of Appeals for the Fifth Circuit

Decided August 27, 1979No. 77-1063PublishedCited by 32 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

This is an appeal from a judgment of the trial court denying to Dr. Gilbert the relief he sought against the United States Veterans Administration Hospital personnel for terminating his employment for refusal to accept a transfer from Atlanta to Birmingham.

The correctness of the judgment below depends primarily upon the answer to two questions: (1) Does the administrative record of the Veterans Administration which resulted in the disciplinary action involved in the transfer demonstrate that Dr. Gilbert had received the administrative due process to which he was…

2Cases cited7 opinions

  1. Charles Alfred Gaines v. Dixie Carriers, Inc. v. Plotkin, Sapir & Bradley, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1970
  2. Charles F. Chiriaco v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1964
  3. Thomas T. Dozier v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1973
  4. Kenneth R. Davis v. S. Ernest Vandiver, William H. Kelly and Paul E. InneckenCourt of Appeals for the Fifth Circuit · 1974
  5. Anonymous v. John W. MacY Jr., as Chairman, United States Civil Service CommissionCourt of Appeals for the Fifth Circuit · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Butler, Fitzgerald & Potter v. Sequa Corp.Court of Appeals for the Second Circuit · 2001
  2. United States v. MichiganCourt of Appeals for the Sixth Circuit · 1991
  3. John P. Heaney, M.D. v. United States Veterans AdministrationCourt of Appeals for the Fifth Circuit · 1985
  4. E. Stanton Maxey, M.D. v. Dan G. Kadrovach, David K. McAfee M.D., and the Veterans Administration, an Agency of the United States of AmericaCourt of Appeals for the Eighth Circuit · 1990
  5. Raymond J. Donovan, Secretary of Labor v. Oil, Chemical, and Atomic Workers International Union and Its Local 4-23Court of Appeals for the Fifth Circuit · 1983

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