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GODWIN v. U.S.

No. 03-5016.

338 F.3d 1374 (2003)

Charles B. GODWIN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided August 6, 2003.

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., of Springfield, Virginia, argued for plaintiff-appellant. Of counsel on the brief was Kevin J. Barry, of Chantilly, Virginia.

Colleen Hanrahan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, argued for defendant-appellee. With her on the brief were David M. Cohen, Director; and Donald E. Kinner, Assistant Director. Of counsel on the brief were Paul M. Geier, Assistant General Counsel for Litigation; Dale C. Andrews, Deputy Assistant General Counsel for Litigation; and Peter S. Smith, Senior Trial Attorney, U.S. Department of Transportation, Office of the General Counsel, of Washington, DC.

Before MAYER, Chief Judge, GAJARSA, and LINN, Circuit Judges.

GAJARSA, Circuit Judge.

Charles B. Godwin ("Godwin") appeals from a final judgment of the Court of Federal Claims granting the United States ("government's") motion to dismiss Godwin's complaint for failure to state a claim upon which relief can be granted, and denying Godwin's motion for judgment on the administrative record. The Court of Federal Claims held that Godwin's complaint failed to allege that (1) the United States Coast Guard ("Coast Guard") selection...

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