· 7/13/2000
Gregory A. Schmittling v. Department of the Army
Citations
- 219 F.3d 1332
- 2000 U.S. App. LEXIS 16045
- 2000 WL 987131
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, in an IRA appeal, the Board cannot assume it has jurisdiction and proceed to make a determination on the merits
- recognizing that a decision on the merits would be a nullity in the absence of Board jurisdiction
- holding that the Board may not make findings on the merits of an IRA appeal unless it first determines that it has jurisdiction over the matter
- explaining that, in an IRA appeal, the Board may find it lacks jurisdiction based on an appellant’s failure to meet any one of the jurisdictional prerequisites
- finding that the Board may not decide the merits of an IRA appeal if it lacks jurisdiction
- observing that the Board may find it lacks jurisdiction over an IRA appeal if any one of the jurisdictional prerequisites are not met
Source: CourtListener parenthetical corpus (CC0).
Judges: Plager, Clevenger, Schall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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