ROANE v. U.S.

No. 00-5015.

237 F.3d 1352 (2001)

John O. ROANE, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 29, 2001.


Attorney(s) appearing for the Case

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

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

Before GAJARSA, Circuit Judge, ARCHER and PLAGER, Senior Circuit Judges.


ORDER

PLAGER, Senior Circuit Judge.

The Petition for Rehearing is GRANTED, for the limited purpose of revising the Opinion to read:

The United States appeals the judgment of the Court of Federal Claims, which held that the method used by the United States Air Force ("Air Force") in awarding promotions was invalid because it was inconsistent with various statutes and a Department of Defense ("DoD") Directive. See Roane v. United States,...

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