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STEWART v. McPHERSON

No. 18-5370.

955 F.3d 1102 (2020)

Nicholas S. STEWART, Captain, United States Marine Corps, Appellant v. James E. MCPHERSON, Acting Secretary of the Navy, in his official capacity, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2020.

Attorney(s) appearing for the Case

Charles W. Gittins , Middletown, VA, argued the cause and filed the briefs for appellant.

Dana Kaersvang , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Jessie K. Liu , U.S. Attorney, and Abby C. Wright , Attorney. R. Craig Lawrence and Marsha W. Yee , Assistant U.S. Attorneys, entered appearances.

Before: Tatel and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.

In this case, Marine Corps Officer Nicholas Stewart challenges the Navy Secretary's refusal to grant him a waiver of statutory requirements that govern his eligibility for incentive pay as "arbitrary, capricious, ... or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A). Aviation career incentive pay...

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