RICHEY v. U.S.

No. 02-5058.

322 F.3d 1317 (2003)

Stephen W. RICHEY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: March 11, 2003.


Attorney(s) appearing for the Case

Jack E. Carter, of Fayetteville, NC, argued for plaintiff-appellee.

Steve Gillingham, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; James M. Kinsella, Deputy Director; and William C. Peachey, Attorney. Of counsel on the brief were Major Joseph C. Fetterman, and Major Scott Reid, United States Army Legal Services Agency, Litigation Division, of Arlington, VA.

Before MICHEL, LOURIE, and DYK, Circuit Judges.


DYK, Circuit Judge.

The United States ("the government") appeals from the United States Court of Federal Claims' grant of summary judgment in favor of the appellee, Stephen W. Richey ("Richey").

Richey, a former Army officer, sought reinstatement to active duty, alleging that he was denied promotion due to two erroneous Officer Evaluation Reports ("OERs"). The court ordered the reinstatement to active duty of Richey...

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