U.S. Court of Appeals for the Federal Circuit, 1984

Gerald C. Daniels and Vincent W. Jackson v. United States Postal Service

U.S. Court of Appeals for the Federal Circuit · Decided January 17, 1984 · Markey, Friedman, Nies

726 F.2d 723; 1984 U.S. App. LEXIS 14832 (Federal Reporter, Second Series)

Counsel

Bruce W. Miller, Philadelphia, Pa., was for petitioners., Richard W. Oehler, Washington, D.C., was for respondent.

Cases that cite this one

14 later published cases cite this decision.

Bowe-Connor v. DVA (Fed. Cir. 2017)
Atari, Inc. v. Js & a Group, Inc. (Fed. Cir. 1984)
Carter v. Department of Justice (Fed. Cir. 2003)
Chase v. Department of Health & Human Services (Fed. Cir. 2003)
Zettle v. Department of the Navy (Fed. Cir. 2002)
Leroy T. AUSTIN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent (Fed. Cir. 1998)
Hendrix v. DOA (10th Cir. 1997)
Janice L. Yorkowitz v. Department of Treasury (Fed. Cir. 1997)
Andrea Y. Hendrix v. United States Department of Agriculture (10th Cir. 1997)
James B. King, Director, Office of Personnel Management v. Edward J. Lynch, and Merit Systems Protection Board (Fed. Cir. 1994)
Thomas H. Davidson, Jr. v. United States Postal Service (Fed. Cir. 1994)
Nathaniel Williams v. United States Postal Service (Fed. Cir. 1992)
John J. Lokos v. Equal Employment Opportunity Commission (Fed. Cir. 1991)
Roland Chandler v. Department of the Air Force (Fed. Cir. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

NIES, Circuit Judge.

Respondent has moved to dismiss this appeal on the ground that this is a “mixed” appeal involving issues going to the merits and an issue of racial discrimination and that jurisdiction to hear an appeal raising an issue of such discrimination is vested exclusively in the district courts Williams v. Department of the Army, 715 F.2d 1485 (Fed.Cir. 1983). Respondent’s position appears correct. However, this court will retain jurisdiction if an express written statement is made by counsel that the issue of racial discrimination has not been and will not be pursued by a suit in a U.S. District Court and has been abandoned. If the issue of racial discrimination is not abandoned, the case may be transferred to a U.S. District Court pursuant to 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT:

Petitioners file with the court within 15 days of the date hereof either (1) a request for this court to proceed which must be accompanied by the required statement, or (2) a request for transfer to a particular U.S. District Court.

In the absence of a timely response, the appeal is subject to dismissal for lack of prosecution.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.