SHUBINSKY v. UNITED STATES

No. 264-72.

488 F.2d 1003 (1973)

Norman SHUBINSKY v. The UNITED STATES.

United States Court of Claims.

December 19, 1973.


Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., Atty. of record, for plaintiff; Leonard J. Meiselman, Mineola, N.Y., of counsel.

Paul A. Zoss, Washington, D.C., with whom was Acting Asst. Atty. Gen., Irving Jaffe, for defendant.

Before DAVIS, SKELTON and KUNZIG, Judges.


KUNZIG, Judge:

We are asked in this government employment case to determine whether plaintiff failed properly to pursue administrative remedies by bringing an untimely appeal of a reduction in force (RIF). We adopt plaintiff's view that the unusual circumstances which surrounded his RIF obviated his responsibility to pursue a timely administrative appeal prior to seeking judicial relief.

Plaintiff is a 10-point preference eligible under the Veterans' Preference...

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