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BANKS v. GARRETT

No. 89-1485.

901 F.2d 1084 (1990)

Richard A. BANKS, Plaintiff-Appellant, v. H. Lawrence GARRETT, III, Secretary of the Navy, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Unpublished Opinion Issued February 9, 1990.

Published Opinion Issued April 20, 1990.

Attorney(s) appearing for the Case

Roger J. Nichols, of Kadenacy, Mendelson & Schwaber, Los Angeles, Cal., argued, for plaintiff-appellant. With him on the brief, was Penrose Lucas Albright, of Arlington, Va.

CDR Richard Walsh, Office of the Judge Advocate Gen., Dept. of the Navy, argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director, and John S. Groat, of the Civ. Div., Dept. of Justice, Washington, D.C.

Before NIES and MICHEL, Circuit Judges, and BEER, District Judge.

MICHEL, Circuit Judge.

Captain Richard A. Banks (Banks), U.S. Navy Reserve, appeals the judgment of the United States District Court for the Eastern District of Virginia, Civil No. 86-0923-A, based on separate orders dismissing Appellant's (1) Little Tucker Act claim (Oct. 27, 1988), (2) first amendment claim (Feb. 1, 1989), and (3) Privacy Act claim (July 29, 1988), all the claims in his complaint. Because we hold that Banks' transfer to a nonpay Navy Reserve position...

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