PERDEAUX v. U.S.

No. 02-6224.

338 F.3d 137 (2003)

Stephen PERDEAUX et al. Plaintiffs-Appellants, v. UNITED STATES of America; George W. Bush, President of the United States; John Ashcroft, United States Attorney General; Benigno G. Reyna, Director, United States Marshals Service; Kay Cole James, Director, Office of Personnel Management, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 30, 2003.


Attorney(s) appearing for the Case

Lawrence Berger, Mahon and Berger, Garden City, New York, for Appellants.

Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Sandra L. Levy, Assistant United States Attorney, Deborah B. Zwany, Assistant United States Attorney, of counsel), for Appellees.

Before: CALABRESI, RAGGI, WESLEY, Circuit Judges.


PER CURIAM.

Plaintiffs-appellants, 138 in number, are Field Witness Security Specialists for the United States Marshals Service (USMS). They assert that in July 1993, USMS personnel officer Kaye McWhirter reclassified them from General Schedule (GS) 1811-12 to a new GS 1811-13 "Criminal Investigator" position, but they never actually obtained the GS-13 rank. According to plaintiffs, because Ms. McWhirter possessed "final authority" to execute this action, and because...

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