William L. Underwood v. Dep't of Just., 26 F.3d 140 (Fed. Cir. 1994). · Go Syfert
William L. Underwood v. Dep't of Just., 26 F.3d 140 (Fed. Cir. 1994). Cases Citing This Book View Copy Cite
67 citation events (39 in the last 25 years) across 14 distinct courts.
Strongest positive: Matthew Kezhaya v. City of Belle Plaine (ca8, 2023-08-25)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) Matthew Kezhaya v. City of Belle Plaine
8th Cir. · 2023 · confidence medium
Servs., Inc., 857 F.3d 833, 840-43 (11th Cir. 2017); Katz v. Gerardi, 655 F.3d 1212, 1217-19 (10th Cir. 2011); Curtis, 26 F.3d at 140.
cited Cited "see" Galloway v. County of Nassau
2d Cir. · 2025 · signal: see · confidence high
See Demoret v. Zegarelli, 451 26 F.3d 140 , 148 (2d Cir. 2006).
cited Cited "see" Tamela Brown v. Department of Veterans Affairs
MSPB · 2024 · signal: see · confidence high
See Banks v. Department of Agriculture, 59 M.S.P.R. 157 , 160 (1993), aff’d, 26 F.3d 140 (Fed.
discussed Cited "see" Rosalee Gonzalez v. Department of the Interior
MSPB · 2024 · signal: see · confidence high
See Banks v. Department of Agriculture, 59 M.S.P.R. 157 , 160 (1993) (declining to find that an agency’s alleged irregularities in determining the appellant did not meet the qualifications for a vacancy was an employment practice appealable to the Board), aff’d, 26 F.3d 140 (Fed.
discussed Cited "see" Brandon Wiegand v. Department of the Army
MSPB · 2023 · signal: see · confidence high
See Banks v. Department of Agriculture, 59 M.S.P.R. 157 , 159-60 (1993) (recognizing that an appellant was challenging his nonselection and alleging irregularities in the selection process, including ones about the agency tailoring the job requirements for a different candidate, but finding he did not meet his burden of establishing Board jurisdiction over the claims as an employment practices appeal), aff’d, 26 F.3d 140 (Fed.
discussed Cited "see" Michael Beech v. Department of the Air Force
MSPB · 2023 · signal: see · confidence high
Cir. 1998); see Banks v. Department of Agriculture, 59 M.S.P.R. 157 , 159-60 (1993) (finding that failure to consider the appellant’s relevant education and experience and other alleged irregularities in the selection process do es not constitute an “employment practice”), aff’d, 26 F.3d 140 (Fed.
cited Cited "see" Rosemary Greenlaw v. Department of Labor
MSPB · 2023 · signal: see · confidence high
See Banks v. Department of Agriculture, 59 M.S.P.R. 157 , 160 & n.3 (1993), aff’d, 26 F.3d 140 (Fed.
cited Cited "see" Alaska Aerospace Corporation
A.S.B.C.A. · 2016 · signal: see · confidence high
See Eaton Corp., ASBCA No. 34355 , 93-2 BCA if 25,743 at 128,096, ajf'd, 26 F.3d 140 (Fed.
discussed Cited "see" Kenneth Vanderford v. Department of Veterans Affairs
MSPB · 2015 · signal: see · confidence high
Rather, the record supports the administrative judge’s finding that the appellant’s challenges are to what he perceives as irregularities in the selection process. 300A ID at 6; see Banks v. Department of Agriculture, 59 M.S.P.R. 157 , 159-60 (1993), aff’d, 26 F.3d 140 (Fed.
cited Cited "see" Patrick A. Lake v. Department of Agriculture
MSPB · 2015 · signal: see · confidence high
See Banks v. Department of Agriculture, 59 M.S.P.R. 157 , 160 (1993), aff’d, 26 F.3d 140 (Fed.
cited Cited "see" Eyak Services, LLC
A.S.B.C.A. · 2014 · signal: see · confidence high
See Eaton Corp., ASBCA No. 34355 , 93-2 BCA ~ 25,743 at 128,096, aff'd, 26 F.3d 140 (Fed.
cited Cited "see" Eyak Technology, LLC
A.S.B.C.A. · 2014 · signal: see · confidence high
See Eaton Corp., ASBCA No. 34355 , 93-2 BCA '1!25,743 at 128,096, aff'd, 26 F.3d 140 (Fed.
discussed Cited "see, e.g." George Dunbar Prewitt, Jr. v. Merit Systems Protection Board
Fed. Cir. · 1998 · signal: compare · confidence low
Compare Banks v. Department of Agriculture, 59 M.S.P.R. 157 (1993) (failure to consider all relevant education and experience, and other alleged irregularities in the selection process do hot constitute an employment practice), aff'd, 26 F.3d 140 (Fed.Cir.1994) (table), with Dowd v. United States, 713 F.2d at 724 (application of time-in-grade restrictions is an employment practice), and Lackhouse v. Merit Sys.
Retrieving the full opinion text from the archive…
William L. Underwood
v.
Department of Justice
93-3578.
Court of Appeals for the Federal Circuit.
May 11, 1994.
26 F.3d 140
Unpublished

26 F.3d 140

NOTICE: Federal Circuit Local Rule 47.6(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.
William L. UNDERWOOD, Petitioner,
v.
DEPARTMENT OF JUSTICE, Respondent.

No. 93-3578.

United States Court of Appeals, Federal Circuit.

May 11, 1994.

On Appeal from the Merit Systems Protection Board, in Case No. PH0752930225-I-1.

58 M.S.P.R. 449.

AFFIRMED.

NIES, MICHEL and SCHALL, Circuit Judges:

Judgment

PER CURIAM.

1

AFFIRMED. See Fed.Cir.R. 36.