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RICKS v. U.S.

No. 01-5099.

278 F.3d 1360 (2002)

Timothy W. RICKS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 5, 2002.

Attorney(s) appearing for the Case

Stewart J. Alexander, of San Antonio, TX, argued for plaintiff-appellant.

J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director.

Before CLEVENGER, SCHALL and LINN, Circuit Judges.

CLEVENGER, Circuit Judge.

Timothy W. Ricks appeals the decision of the Court of Federal Claims, which dismissed his challenge to Air Force promotion procedures for failure to state a claim upon which relief can be granted. The Court of Federal Claims held that Mr. Ricks waived any entitlement to relief before the Court of Federal Claims by retiring from the Air Force voluntarily. Ricks v. United States, No. 00-427C (Fed.Cl. Mar. 29, 2001). We hold that because...

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