SARGISSON v. U.S.

No. 90-5034.

913 F.2d 918 (1990)

Stuart SARGISSON, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 18, 1990.


Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., Falls Church, Va., argued, for plaintiff-appellant.

John S. Groat, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on brief, were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on brief, was Major Alice Kottmyer, Dept. of Air Force, of counsel.

Before NEWMAN and MAYER, Circuit Judges, and BROWN, District Judge.


OPINION

MAYER, Circuit Judge.

Stuart Sargisson appeals the judgment of the United States Claims Court, No. 39-80C (October 13, 1989), that it was without jurisdiction to review the Secretary of the Air Force's decision to release Sargisson from active duty as an Air Force reserve officer. We affirm on other grounds.

Background

In 1962, Sargisson was commissioned as a second lieutenant in...

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