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American Federation of Government Employees Local 1 v. Stone

N.D. Tex.November 2, 2004No. Civ. 3:04-CV-1219HCited 5 times

Case Details

Judge(s)
Sanders
Status
Published
Procedural Posture
motion to dismiss
State
Texas
Circuit
5th Circuit

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of ContractWrongful Termination

Outcome

The court granted the defendant's motion to dismiss under Rules 12(b)(1) and 12(b)(6), finding that AFGE lacked standing to represent McCrary, McCrary's constitutional claim was preempted by the Civil Service Reform Act and failed to establish a protected property interest, and the breach of contract claim was barred by the Tucker Act's requirement of exhaustion of administrative remedies.

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