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FERRY v. HAYDEN

No. 90-7694.

954 F.2d 658 (1992)

James E. FERRY, Plaintiff-Appellee, v. Jack N. HAYDEN, Chief of Transportation, Maxwell Air Force Base, Department of the Air Force, in his official capacity; James F. McGovern, Acting Secretary of the Air Force, in his official capacity, and the United States Department of the Air Force, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 24, 1992.

Attorney(s) appearing for the Case

James Eldon Wilson, U.S. Atty., David L. Allred, Asst. U.S. Atty., Montgomery, Ala., Robert D. Kamenshine, Barbara L. Herwig, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

McPhillips, Hawthorne, & Shinbaum, Kenneth Jay Shinbaum, Julian L. McPhillips, Jr., Gary E. Atchison, Montgomery, Ala., for plaintiff-appellee.

Before ANDERSON and DUBINA, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This case involves a dispute over appellant Captain Jack N. Hayden's decision to dismiss appellee James E. Ferry, a probationary civilian employee of the United States Air Force. Hayden claims he terminated Ferry because Ferry was overzealous and lacked tact and diplomacy in performing his job as a Vehicle Operations Contract Monitor at Maxwell Air Force Base in Alabama. Ferry alleges that Hayden...

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