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FLUELLEN v. U.S.

No. 99-5145.

225 F.3d 1298 (2000)

Ron L. FLUELLEN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 1, 2000

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., of Falls Church, Virginia, argued for plaintiff-appellant.

Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Assistant Director. Of counsel on the brief was Lt. Col. Ralph A. Bauer, Chief, Office of the General Counsel, Military Personnel Branch, United States Air Force, of Arlington, Virginia.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

LOURIE, Circuit Judge.

Ron L. Fluellen appeals from the decision of the United States Court of Federal Claims granting the United States' motion for summary judgment that Fluellen's nonselection for promotion to major was not unlawful or invalid. See Fluellen v. United States, 44 Fed.Cl. 97 (1999). Because the Court of Federal Claims did not...

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