U.S. Court of Appeals for the Federal Circuit
Christian v. United States
This writing
- Type
- Opinion of the Court
- Author
- Alan David Lourie
- Filed
- Aug. 2, 2002
- Case
- Christian v. United States
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
ON PETITION FOR PERMISSION TO APPEAL LOURIE, Circuit Judge. ORDER The United States petitions for permission to appeal the order certified by the Court of Federal Claims as one involving a controlling question of law as to which there is substantial ground for difference of opinion and for which an immediate appeal may materially advance the ulti *959 mate termination of the litigation. 28 U.S.C. § 1292 (d)(2). Robert F. Christian et al. respond. In this case, the Court of Federal Claims concluded that the 1992 Army Lieutenant Colonel Selective Early Retirement Board (SERB) used instructions im-permissibly favoring women and minorities. The trial court certified a class of over 1,000 nonminority males forced to retire pursuant to the SERB review and determined that all potential class members could recover back pay and benefits. The Court of Federal Claims rejected the United States’ contention that harmless error analysis should apply in determining the success of a military officer alleging discrimination in a retention decision, and denied the United States’ motion for remand to the Secretary of the Army for determination by a newly constituted SERB of which class members would …
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