Legal Opinion · Dissent

Estate of Braude v. United States

United States Court of Federal Claims

Decided June 23, 1997No. Congressional Reference No. 93-645XPublished

1DissentWeinstein, Judge

I respectfully dissent from the decision by the majority of the review panel adopting the findings and conclusions of the hearing offi*478cer in this congressional reference. I do so on several grounds: (1) because these claims do not arise from plaintiffs decedent’s termination (which was not wrongful), and are thus beyond the scope of the reference; (2) because the facts alleged and proved are insufficient as a matter of law to state a claim of blacklisting (or any other recognized claim of negligence or wrongdoing); (3) because the findings of fact are clearly erroneous; (4) because a claim…

2Cases cited50 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. United States v. KubrickSupreme Court of the United States · 1979
  3. Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
  4. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  5. Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995

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