In an action claiming that plaintiff was "suitably qualified" and that the Broadcasting Board of Governors therefore contravened its statutory mandate when it promoted a non-U.S.-citizen over him, dismissal of the complaint is affirmed where federal employees were not permitted to bring employment actions under the Administrative Procedure Act.
Argued November 9, 2009
Decided December 18, 2009
Opinion by Judge Kavanaugh
Timothy B. Shea, Washington, DC
Alan Burch and R. Craig Lawrence, Assistant U.S. Attorneys, Washington, DC