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MITCHELL v. CHRISTOPHER

No. 91-5388.

996 F.2d 375 (1993)

Herbert T. MITCHELL, Appellant, v. Warren CHRISTOPHER, Secretary of State.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1993.

Attorney(s) appearing for the Case

Daniel E. Durden, Washington, DC, argued the cause for appellant. William H. Howe, Washington, DC, entered an appearance for appellant.

Daniel Van Horn, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With him on the brief were Jay B. Stephens, U.S. Atty., at the time the brief was filed, R. Craig Lawrence, and John D. Bates, Asst. U.S. Attys., Washington, DC, William Dempster, Asst. U.S. Atty., Washington, DC, entered an appearance for appellee.

Before: SILBERMAN, BUCKLEY, and WILLIAMS, Circuit Judges.

SILBERMAN, Circuit Judge:

Appellant, an ex-Foreign Service Officer, challenges the district court's dismissal of the action he brought to compel the Secretary of State to implement a remedial recommendation of the Foreign Service Grievance Board. Because the district court based its dismissal on a ground that had not been argued before the Board nor considered by the Secretary, we remand to the district court for further proceedings.

I.

Herbert Mitchell...

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