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NICELY v. UNITED STATES

2020-1856.

23 F.4th 1364 (2022)

Josiah E. NICELY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 20, 2022.

Attorney(s) appearing for the Case

Charles W. Gittins , Lake Frederick, VA, argued for plaintiff-appellant.

Joseph Alan Pixley , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton , Robert Edward Kirschman, Jr. , Douglas K. Mickle .

Before Moore, Chief Judge, Prost and O'Malley, Circuit Judges.

Josiah Nicely appeals a decision of the United States Court of Federal Claims ("Claims Court") that: (1) dismissed Count II of Nicely's complaint, which the Claims Court concluded was predicated on an alleged violation of the Military Whistleblower Protection Act ("MWPA"), 10 U.S.C. § 1034, over which the court lacked subject matter jurisdiction...

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