Legal Opinion · Dissent

Hannon v. Turnage

Court of Appeals for the Seventh Circuit

Decided January 4, 1990No. 88-2130Published

1DissentFlaum, Circuit Judge

The majority would have this Court permit the Veteran’s Administration (“VA”) to deny a pre-termination hearing to an employee based on the VA’s own subsequent determination that his appointment was initially in violation of VA regulations. Because Congress mandated in 38 U.S.C. §§ 4106 and 4110 that such determinations be made at a pre-termination hearing and not by ensuing administrative fiat, I respectfully suggest that a contrary result is warranted.

The Supreme Court, in Cleveland Bd. of Educ. v. Loudermill considered the termination of an employee of the Cleveland Board of Education who…

2Cases cited5 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Chauncey L. Moore, Jr. v. The Marketplace Restaurant, Inc.Court of Appeals for the Seventh Circuit · 1985
  3. Bessie A. Kauffman v. Puerto Rico Telephone CompanyCourt of Appeals for the First Circuit · 1988
  4. Barbara Conner v. Rudy G. ReinhardCourt of Appeals for the Seventh Circuit · 1988
  5. William W. Neal, M.D. v. Harry N. Walters, Administrator of the United States Veterans AdministrationCourt of Appeals for the Fifth Circuit · 1984

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