Legal Opinion
John R. Van Drasek, Captain v. John Lehman, Secretary of the Navy
Court of Appeals for the D.C. Circuit
Decided May 31, 1985No. 83-2343PublishedCited by 74 opinions
1Opinion of the Court
TAMM, Circuit Judge:
The Federal Courts Improvement Act, 28 U.S.C. § 1295(a)(2) (1982), provides that the United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction over appeals from final decisions of a district court if the jurisdiction of that court was based “in whole or in part” on the Tucker Act, 28 U.S.C. § 1346(a)(2) (1982). Although neither party in this case raised the issue of this court’s appellate jurisdiction, we find that appellant’s action against the United States was based in part on the Tucker Act and that jurisdiction over the appeal therefore…
2Cases cited30 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- United States v. MitchellSupreme Court of the United States · 1983
- United States v. KingSupreme Court of the United States · 1969
- Greene v. McElroySupreme Court of the United States · 1959
- Chappell v. WallaceSupreme Court of the United States · 1983
25 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Smalls, Eugene C. v. United StatesCourt of Appeals for the D.C. Circuit · 2006
- Maryland Department of Human Resources v. Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1985
- Billy Ray Kidwell v. Department of the Army, Board for Correction of Military RecordsCourt of Appeals for the D.C. Circuit · 1995
- Vietnam Veterans of America v. Secretary of the Navy, (Two Cases). Vietnam Veterans of America v. Secretary of the NavyCourt of Appeals for the D.C. Circuit · 1988
- Dotson v. GriesaCourt of Appeals for the Second Circuit · 2005
69 more not listed; retrieve them via the Exa API.