Frederick A. R. Drew v. U. S. Department of the Navy and Merit Systems Protection Board

Suppose a plaintiff were to bring a suit alleging breach of contract and the applicable rules provided thirty days to answer and required an evidentiary hearing before plaintiff could recover. I cannot imagine a court allowing such a plaintiff, following a trial on that complaint, to change his suit to a tort suit, cut down the time allowed the defendant to answer the second complaint and urge that the case be decided on the basis of some additional documents supplied by the parties. That is precisely the kind of convolution allowed by the court in this case. That the defendant is a federal…