Browning v. United States

3 Citing cases

  1. Patterson v. United States

    436 F.2d 438 (Fed. Cir. 1971)   Cited 1 times

    We agree. In support of this position, plaintiff cites Browning v. United States, 373 F.2d 915, 179 Ct.Cl. 439 (1967). In Browning, supra, plaintiff served for more than 25 years as an agricultural engineer in Fulton, Missouri. Plaintiff's functions were transferred to a position newly created in Springfield, Missouri, which was 160 miles from plaintiff's home in Fulton, and he was offered a transfer at the same grade of pay. As here, plaintiff was forced to decline the offer for family and personal reasons, including his interests in a private surveying firm based in Fulton, and the state of his wife's health which necessitated constant medical attention due to a nervous condition.

  2. Pauley v. United States

    440 F.2d 426 (Fed. Cir. 1971)   Cited 1 times

    Federal Personnel Manual Supp. 831-1, S11-2b (Oct. 28, 1966) (emphasis supplied). But the provision is flexible and, as pointed out in Browning v. United States, 373 F.2d 915, 179 Ct.Cl. 439 (1967), the Commission's regulations "at least do not prohibit" the result indicated by the Department of Agriculture regulation. 373 F.2d at 920. Id. at 447.

  3. Eldredge v. Department of Interior

    451 F.3d 1337 (Fed. Cir. 2006)   Cited 3 times
    Holding that Office of Personnel Management advisory opinions and handbooks are not entitled to deference

    We and our predecessor court have previously assumed that the Handbook (or its predecessor) accurately states the general rule as to whether a separation is involuntary for purposes of the closely related provision 5 U.S.C. § 8336(d), which deals with CSRS retirement.See, e.g., Yarbrough v. Office of Pers. Mgmt., 770 F.2d 1056, 1059 (Fed. Cir. 1985); Pauley v. United States, 194 Ct.Cl. 590, 440 F.2d 426, 428 (1971); Patterson v. United States, 193 Ct.Cl. 750, 436 F.2d 438, 439-40 (1971); Browning v. United States, 179 Ct.Cl. 439, 373 F.2d 915, 918-19 (1967) (addressing section 8336(d)'s predecessor, 5 U.S.C. § 2256(d)). Appointments, temporary or permanent, may be terminated for a variety of reasons including, for example, reductions in force.