Carr v. United States

846 F.2d 144
Court of Appeals for the Federal Circuit·Decided January 5, 1989·No. No. 88-1472·Published

Opinion

BISSELL, Circuit Judge.

John C. Carr appeals the judgment of the United States Claims Court, see Carr v. United States, 15 Cl.Ct. 82 (1988), dismissing his complaint. Carr’s complaint sought review of the decision of the Nuclear Regulatory Commission (NRC) removing him from his position because of national security interests under 5 U.S.C. § 7532 (1982). In granting the government’s motion for summary judgment, the Claims Court (1) held that it could exercise jurisdiction over Carr’s complaint, and (2) sustained Carr’s suspension and removal because Carr occupied a sensitive position with the NRC and received all the process due him under section 7532. We vacate and remand with instructions to dismiss the complaint for lack of jurisdiction.

BACKGROUND

The material facts are not in dispute and are fully set forth in the opinion of the Claims Court. Carr, 15 Cl.Ct. 82. Familiarity with that opinion is presumed.

From September 1979 until his suspension on January 28, 1983, Carr held the position of Chief, Freedom of Information and Privacy Acts Branch of the NRC’s Division of Rules and Records. On January 27, 1983, Carr was indicted on charges of interstate transportation in aid of racketeering in violation of 18 U.S.C. § 1952 (1982). The NRC, pursuant to section 7532,

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142 Ct. Cl. 93 (Court of Claims, 1958)
Leiner v. United States
181 F. Supp. 400 (Court of Claims, 1958)