CARMICHAEL v. U.S.

No. 01-5034.

298 F.3d 1367 (2002)

David Alan CARMICHAEL, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 12, 2002.


Attorney(s) appearing for the Case

Herbert William Titus, Troy A. Titus, P.C, of Virginia Beach, VA, argued for plaintiff-appellant.

Lauren S. Moore, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Jr., Assistant Director. Of counsel on the brief was Major Eugene H. Robinson, Jr., Litigation Attorney, United States Marine Corps, Office of the Judge Advocate General. Of counsel was Hagen W. Frank, Department of the Navy, of Washington, DC.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.


ARCHER, Senior Circuit Judge.

David Alan Carmichael ("Carmichael") appeals the order of the United States Court of Federal Claims dismissing for lack of jurisdiction his claims for back military pay and reinstatement stemming from his discharge from the United States Navy. Carmichael v. United States, No. 99-958C (Ct.Fed.Cl. Oct. 31, 2000). Because the trial court erred in holding that the Navy's religious accommodation...

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