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HARKNESS v. U.S.

No. 12-5711.

727 F.3d 465 (2013)

Furniss HARKNESS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2013.

Attorney(s) appearing for the Case

ARGUED: Arthur A. Schulcz, Sr. , Vienna, Virginia, for Appellant. Matthew J.B. Lawrence , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Arthur A. Schulcz, Sr. , Vienna, VA, for Appellant. Matthew J.B. Lawrence , United States Department of Justice, Washington, D.C., for Appellee.

Before: KEITH, COLE, and ROGERS, Circuit Judges.

OPINION

COLE, Circuit Judge.

This case arises from a longstanding dispute between Furniss Harkness and the United States Navy. Harkness is a reserve Commander in the Navy Chaplain Corps who was denied a promotion to the rank of Captain by an annual selection board. He petitioned the Secretary of the Navy to convene a special selection board to review that decision. When the Secretary declined his request, Harkness filed this suit in federal court. He complained...

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