Scholl v. United States

OPINION 1

BASKIR, Judge.

Pending before the Court in this civilian back pay case, filed by U.S. Bankruptcy Judge David A. Scholl in 2000, is the Defendant’s motion to dismiss for failure to state a claim upon which this Court may grant relief. Because we hold that Judge Scholl had a *641firm right — absent other factors which we will explore in further proceedings — to be reappointed as a U.S. Bankruptcy Court Judge for the Eastern District of Pennsylvania, the Plaintiffs complaint is properly before this Court. Thus, for the reasons stated below, the Defendant’s motion to dismiss is DENIED.

I.…