[Download] "Tippett v. United States" by Federal Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Tippett v. United States
- Author : Federal Circuit U.S. Court of Appeals
- Release Date : January 18, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appealed from: United States Court of Federal Claims Judge Robert H. Hodges, Jr. David E. Tippett appeals the decision of the United States Court of Federal Claims that dismissed his suit seeking back pay and reinstatement in the United States Army. Tippett v. United States, No. 96-308C (Fed. Cl. Aug. 21, 1997). In his complaint, Tippett alleged, among other things, that his discharge was involuntary because he had requested it after receiving erroneous advice from a government-provided military lawyer. In due course, the government moved to dismiss the complaint for lack of jurisdiction or for failure to state a claim upon which relief could be granted, pursuant to Rules 12(b)(1) and (4) of the Court of Federal Claims. In the alternative, the government moved for summary judgment on the administrative record, pursuant to RCFC 56.1. For his part, Tippett opposed the motion to dismiss and cross-moved for summary judgment. After considering the parties' motions and hearing oral argument, the court granted the government's motion to dismiss for lack of jurisdiction because it concluded that Tippett had failed to establish that his discharge was involuntary. Because we conclude that, in the trial court, Tippett presented non-frivolous allegations of involuntariness, we vacate and remand.