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LAW v. U.S.

No. 92-5165.

11 F.3d 1061 (1993)

James G. LAW, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 13, 1993.

Attorney(s) appearing for the Case

Eugene R. Fidell, Felderman, Tucker, Leifer, Fidell & Bank, Washington, DC, argued, for plaintiff-appellant. With him on the brief was James L. Feldesman. Of counsel was Jeffrey E. Rummel.

Kirk T. Manhardt, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and James M. Kinsella, Asst. Director. Also on the brief were Dale E. Andrews, Alexander J. Millard, Dept. of Transp. and Lieutenant Commander Joseph Donovan, U.S. Coast Guard, of counsel.

Before NIES, Chief Judge, CLEVENGER and RADER, Circuit Judges.

NIES, Chief Judge.

After nomination by the President and confirmation by the Senate, Secretary of Transportation Skinner removed the name of appellant, then Lieutenant James G. Law, U.S. Coast Guard, from the list of officers to be promoted to the grade of lieutenant commander. Appellant maintains that the appointment was nevertheless effective on June 1, 1990, and he, thus, is entitled to the rank and pay of lieutenant commander. After the Personnel Record Review...

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