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· 3/24/1997

Rachel J. Tretchick v. Department of Transportation

Citations

  • 109 F.3d 749
  • 1997 U.S. App. LEXIS 5470
  • 1997 WL 129013

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting suggestion that there is an “absolute right” to rescission in response to a breach and rejecting rescission where any purported breach had been cured
  • stating that an anticipatory repudiation “must be a distinct unequivocal absolute refusal to perform .,, treated and acted upon as such by the party to whom the promise was made” (quoting Dingley v. Oler, 117 U.S. 490, 503, 6 S.Ct. 850, 29 L.Ed. 984 (1886))
  • “If the agreement is shown to be invalid or the agency is found to have breached the agreement, ... the agreement may not constitute a valid basis for the agency to refuse the employee’s withdrawal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clevenger, Michel, Plager

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.