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MILLER v. DEPARTMENT OF THE NAVY

No. 05-5343.

476 F.3d 936 (2007)

Elizabeth A. MILLER, Appellant v. DEPARTMENT OF NAVY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 2007.

Attorney(s) appearing for the Case

Eugene R. Fidell argued the cause for appellant. With him on the briefs was Matthew S. Freedus. Charlotte E. Cluverius entered an appearance.

Edward Himmelfarb, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Marleigh D. Dover, Attorney.

Before: GARLAND and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Lieutenant Commander Elizabeth Miller ("Miller"), then an active duty officer in the Judge Advocate General Corps in the United States Navy, was repeatedly considered for promotion to Commander but not selected. After being passed over for the second time, Miller, alleging gender bias and other procedural irregularities, requested that the Navy convene a Special Selection Board ("SSB...

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