SWENTEK v. UNITED STATES

No. 28-79.

658 F.2d 791 (1981)

Raymond H. SWENTEK v. The UNITED STATES.

United States Court of Claims.

August 19, 1981.


Attorney(s) appearing for the Case

Keith A. Rosenberg, Washington, D. C., attorney of record, for plaintiff; Newrath, Meyer & Faller, P.C., Washington, D. C., of counsel.

Robert E. Richardson, Washington, D.C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant; Lieutenant Colonel Robert A. DeMetz, and Captain Stephen D. Petersen, U. S. Army, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, NICHOLS and KASHIWA, Judges.


ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge.

This case comes before the court on the parties' cross motions for summary judgment. After consideration of the briefs and oral argument, for the reasons discussed below, we deny both parties' motions and order the case remanded to the Office of Appeals, Merit Systems Protection Board1 to be considered in a manner consistent...

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