No. 97-5074.

158 F.3d 576 (1998)

Walter D. SMALL, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 14, 1998.

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, of Falls Church, VA, argued for plaintiff-appellant. Of counsel on brief was Kathleen St. John, of Marietta, GA. Of counsel was Kane St. John, of Marietta, GA.

Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Joseph A. Kijewski, Assistant Director. Of counsel on brief was Lt. Col. Steven J. Pecinovsky, Attorney, General Litigation Division, U.S. Air Force, of Arglington, VA.

Before PLAGER, CLEVENGER, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

Walter D. Small appeals from the decision of the United States Court of Federal Claims, Small v. United States, 37 Fed. Cl. 149 (1997), holding that the use of a panel evaluation system in the officer promotion process did not contravene relevant statutory requirements (the "promotion board issue") and that the use of a prior pass-over as part of the information relied upon to determine the level of indorsement of...

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