PHIPPS v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Appeal No. 85-898.

767 F.2d 895 (1985)

Wilfred R. PHIPPS, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

July 12, 1985.


Attorney(s) appearing for the Case

Mathias Lloyd Spiegel, of New York City, argued for petitioner.

Stephen J. McHale, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Washington, D.C.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and BALDWIN, Circuit Judge.


NICHOLS, Senior Circuit Judge.

Mr. Phipps, an employee in the competitive (career) service, at Grade 13 in the respondent Executive Department, received a series of temporary promotions extending for 2 years, 8 months, to a Grade 14 level position which was "encumbered" by another person who, in turn, was serving elsewhere temporarily in Grade 15. Extensions after 2 years were with the consent of the Office of Personnel Management (OPM), and Mr. Phipps expressly agreed...

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