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LINDSAY v. U.S.

No. 02-5015.

295 F.3d 1252 (2002)

Daniel A. LINDSAY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: June 27, 2002.

Attorney(s) appearing for the Case

William S. Aramony, Law Office of William S. Aramony, of Alexandria, Virginia, argued for plaintiff-appellant.

David D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel on the brief was Captain Ira Perkins, United States Air Force, of Arlington, Virginia.

Before CLEVENGER, BRYSON and PROST, Circuit Judges.

CLEVENGER, Circuit Judge.

Daniel Lindsay appeals the decision of the Court of Federal Claims dismissing his challenge to actions by the United States Air Force that led to his involuntary separation from service; namely, particular Officer Evaluation Reports prepared in 1986, his subsequent nonselections for promotion to Major and Lieutenant Colonel, and the refusal of the Air Force Board for Correction of Military Records to void either the contested reports or his...

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