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JAMES v. CALDERA

No. 97-1436.

159 F.3d 573 (1998)

Augustin S. JAMES, Plaintiff-Appellant, v. Louis CALDERA, Secretary of the Army and Philip J. Schrock, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 27, 1998.

Attorney(s) appearing for the Case

Louis N. Hiken, San Francisco, California, argued for plaintiff-appellant. Of counsel on the brief was M. Allen Hopper, San Francisco, California.

Mark W. Pennak, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendants-appellees. With him on the brief were Frank W. Hunger, Assistant Attorney General, U.S. Department of Justice, Washington, DC; Michael Joseph Yamaguchi, United States Attorney for the Northern District of California, San Francisco, California and Barbara C. Biddle, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC.

Before MAYER, Chief Judge, MICHEL, and SCHALL, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL. Dissenting opinion filed by Circuit Judge MICHEL.

SCHALL, Circuit Judge.

Augustin S. James appeals the order of the United States District Court for the Northern District of California that transferred his case to the United States Court of Federal Claims pursuant to 28 U.S.C. § 1631 (1994). See James v. West, No. C-96-1779-VRW, 1997 WL 26303 (N.D.Cal. Jan. 15, 1997). We have jurisdiction pursuant...

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