MAZARES v. DEPARTMENT OF NAVY

Nos. 01-3337, 01-3338.

302 F.3d 1382 (2002)

Joseph V. MAZARES, Jr., Petitioner, v. DEPARTMENT OF THE NAVY, Respondent. Michael R. Testman, Petitioner, v. Department of the Navy, Respondent.

United States Court of Appeals, Federal Circuit.

September 11, 2002.


Attorney(s) appearing for the Case

Sam S. Sheldon, Cozen O'Connor, of San Diego, CA, argued for petitioners.

Steven J. Abelson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Franklin E. White, Jr., Assistant Director. Of counsel on the brief was Charna J. Swedarsky, Associate Counsel for Litigation, Office of Counsel, Military Sealift Command, Department of the Navy, of Washington, DC. Of counsel was Sandra Patterson-Jackson, Office of Counsel, Military Sealift Command, Department of the Navy, of Virginia Beach, VA.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

The Department of the Navy removed two civilian seamen it employed aboard a naval ship because they disobeyed an order to be vaccinated against anthrax. The Merit Systems Protection Board ("Board") upheld both removals. So do we.

I

A. The facts found by the Board's administrative judge are not disputed.

The petitioners Mazares and Testman were employed by the Military Sealift

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases