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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.