Legal Opinion
Bergman v. United States
United States Court of Federal Claims
Decided July 2, 1993No. 93-122CPublishedCited by 23 opinions
1Opinion of the Court
OPINION
NETTESHEIM, Judge.
This case is before the court after argument on defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1). The issue is whether the court has jurisdiction to entertain an Air Force officer’s challenge to his single promotion passover in light of the officer’s resignation pursuant to the Voluntary Separation Incentive program.
FACTS
The following facts derive from the administrative record, unless otherwise indicated.1 On May 15,1980, Michael D. Bergman (“plaintiff”) was appointed a second lieutenant in the United States Air Force…
2Cases cited23 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
- Louise J. Hamlet v. The United StatesCourt of Appeals for the Federal Circuit · 1989
- Indium Corporation of America v. Semi-Alloys, Inc.Court of Appeals for the Federal Circuit · 1985
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Nickerson v. United StatesUnited States Court of Federal Claims · 1996
- Hopi Tribe v. United StatesUnited States Court of Federal Claims · 2002
- Gallucci v. United StatesUnited States Court of Federal Claims · 1998
- Wilson v. McHughDistrict Court, District of Columbia · 2012
- McIntyre v. United StatesUnited States Court of Federal Claims · 1993
18 more not listed; retrieve them via the Exa API.