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GAZLAY v. BUSEY

Civ. A. No. 91-2438.

819 F.Supp. 29 (1993)

Robert L. GAZLAY, Plaintiff, v. James B. BUSEY, Defendant.

United States District Court, District of Columbia.

April 6, 1993.

Attorney(s) appearing for the Case

Eugene R. Fidell, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, DC, for plaintiff.

John R. Munich, Asst. U.S. Atty., Washington, DC, for defendant; Paul M. Geier, Asst. Gen. Counsel for Litigation, Dale C. Andrews, Deputy Asst. Gen. Counsel for Litigation, Peter J. Plocki, Trial Atty., U.S. Dept. of Transp., of counsel.

OPINION

HAROLD H. GREENE, District Judge.

I

Robert Gazlay, an officer of the United States Coast Guard, was passed over for promotion to commander in 1989 and 1990. The selection board decided not to promote Gazlay on the basis of several less than outstanding Officer Evaluation Reports ("OER's") filed by Gazlay's supervisor, Captain John R. Sproat. However, upon learning that Gazlay was not promoted, Captain Sproat reevaluated his original OERs...

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