Gibson

Court of Claims

Gibson

158 Ct. Cl. 706, 1962 U.S. Ct. Cl. LEXIS 204, 1962 WL 1607

CourtUnited States Court of Claims

DecidedOctober 12, 1962

DocketNo. 515-59

StatusPublished

This text of 158 Ct. Cl. 706 (Gibson) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gibson, 158 Ct. Cl. 706, 1962 U.S. Ct. Cl. LEXIS 204, 1962 WL 1607 (cc 1962).

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Opinion

Civilian pay; reduction in force; administrative remedies — failure to exhaust. — Plaintiff, who was separated from his civilian Government position in 1957 by reduction in force, appealed this action to the Civil Service Commission in 1959 and his appeal was denied on the ground of untimeliness. Plaintiff sues to recover back pay on the ground that the denial of his appeal was arbitrary and capricious. Upon consideration of plaintiff’s motion for summary judgment and defendant’s motion to dismiss the petition, together with oral argument of counsel, the court, on October 12, 1962, concluded that plaintiff had failed to timely exhaust his administrative remedy, and ordered that the petition be dismissed.

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Civilian pay; reduction in force; administrative remedies — failure to exhaust. — Plaintiff, who was separated from his civilian Government position in 1957 by reduction in force, appealed this action to the Civil Service Commission in 1959 and his appeal was denied on the ground of untimeliness. Plaintiff sues to recover back pay on the ground that the denial of his appeal was arbitrary and capricious. Upon consideration of plaintiff’s motion for summary judgment and defendant’s motion to dismiss the petition, together with oral argument of counsel, the court, on October 12, 1962, concluded that plaintiff had failed to timely exhaust his administrative remedy, and ordered that the petition be dismissed.

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Bluebook (online)

158 Ct. Cl. 706, 1962 U.S. Ct. Cl. LEXIS 204, 1962 WL 1607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-cc-1962.