Legal Opinion

Gingery v. Department of Defense

Court of Appeals for the Federal Circuit

Decided December 24, 2008No. 2007-3292PublishedCited by 8 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge MOORE; Concurring opinion filed by Circuit Judge NEWMAN.

*1349MOORE, Circuit Judge.

Petitioner Stephen Gingery appeals a final decision of the Merit Systems Protection Board (MSPB) holding that the Department of Defense (DoD) did not violate his rights under the Veterans Employment Opportunities Act (VEOA) of 1998 when it hired two non-preference eligible individuals under the Federal Career Intern Program (FCIP) and did not hire Mr. Gingery. For the reasons set forth below, we reverse and remand.

BACKGROUND

I

Most federal civil service employees are…

2Cases cited3 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Guy C. Patterson v. Department of the InteriorCourt of Appeals for the Federal Circuit · 2005
  3. Augustine v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 2007

3Cited by8 opinions

  1. Josendis v. Wall to Wall Residence Repairs, Inc.District Court, S.D. Florida · 2009
  2. Frost v. United StatesUnited States Court of Federal Claims · 2014
  3. Stephen W. Gingery v. Department of Defense, Merit Systems Protection Board2014
  4. Stephen W. Gingery v. Department of Defense, Merit Systems Protection Board2014
  5. David Dean v. Department of Labor, Merit Systems Protection Board2015

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