Legal Opinion

Patricia A. McAuliffe v. Donald B. Rice, Secretary, Department of the Air Force

Court of Appeals for the Fifth Circuit

Decided July 21, 1992No. 91-5735PublishedCited by 20 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Appellant Patricia McAuliffe, a former civilian employee of a non-appropriated fund instrumentality (NAFI) run by the Air Force, filed this lawsuit pursuant to the Administrative Procedure Act (APA), 5 U.S.C. § 701 et seq., seeking review of the decision to terminate her employment. Jurisdiction was predicated on the APA, §§ 702 and 703, and under 28 U.S.C. § 1331. The magistrate judge dismissed McAuliffe’s case, holding alternatively that it lacked federal question jurisdiction and that the Civil Service Reform Act (CSRA), Pub.L. No. 94-454, 92 Stat. 1111 et…

2Cases cited8 opinions

  1. Bush v. LucasSupreme Court of the United States · 1983
  2. United States v. FaustoSupreme Court of the United States · 1988
  3. James N. Stephens v. Department of Health and Human Services, Secretary, James N. Stephens v. Terry S. Coleman, Isabel P. DunstCourt of Appeals for the Eleventh Circuit · 1990
  4. Aletha Rollins and Jessie Rollins v. John O. Marsh, Jr., Secretary of the United States Department of the ArmyCourt of Appeals for the Fifth Circuit · 1991
  5. Charles R. RYON, Sr., Plaintiff-Appellant, v. Colonel Peter J. O’NEILL, Et Al., Defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1990

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3Cited by20 opinions

  1. Filebark v. United States Department of TransportationCourt of Appeals for the D.C. Circuit · 2009
  2. Kursar v. Transportation Security AdministrationDistrict Court, District of Columbia · 2008
  3. Bloch v. Executive Office of the PresidentDistrict Court, E.D. Virginia · 2016
  4. Feds for Medical Freedom v. BidenCourt of Appeals for the Fifth Circuit · 2023
  5. Siegal v. United StatesUnited States Court of Federal Claims · 1997

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