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ROSENFELD v. DEPARTMENT OF ARMY

No. 84-1872.

769 F.2d 237 (1985)

Hyman ROSENFELD, Appellant, v. DEPARTMENT OF the ARMY, Agency, U.S. Army, Aberdeen, Maryland, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1985.

Attorney(s) appearing for the Case

Sheldon H. Laskin, Ellicott City, Md. (Charles T. Vekert, Rupli, Vekert & Laskin, Ellicott City, Md., on brief) for appellant.

John Paul Woodley, Jr., Captain, Judge Advocate General's Corps, Washington, D.C. (J. Frederick Motz, U.S. Atty., Larry A. Ceppos, Asst. U.S. Atty., Baltimore, Md., Peter B. Loewenberg, Chief, Civilian Personnel Litigation Office of the Judge Advocate Gen., Washington, D.C., on brief) for appellee.

Before WINTER, Chief Judge, and SPROUSE and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

The sole issue presented in this appeal is whether a determination by the Civil Service Commission that a federal employee is disabled should be granted collateral estoppel effect in a subsequent action brought by the employee to challenge his involuntary retirement under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. (1982). We hold that 5 U.S.C. § 8347(c) (1982), limiting the reviewability of administrative...

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