Royce Ainsworth v. The United States

OPINION

LARAMORE, Judge.

This case was before us on the question of liability in Ainsworth v. United States, 180 Ct.Cl. 166 (1967), wherein we granted plaintiff’s cross-motion for summary judgment and denied defendant’s motion for summary judgment. We held that, under the reasoning of Born v. Allen, 110 U.S.App.D.C. 217, 291 F.2d 345 (1960) and Born v. United States, 155 Ct.Cl. 821 (1961), the Federal Aviation Agency (FAA) had denied plaintiff the procedural rights to which he was entitled.

There had been a reduction in force in the Washington, D. C. area, and plaintiff’s function was…