In plaintiff's suit against the Secretary of Army claiming sex discrimination after the Army granted a promotion to a male colleague instead of plaintiff, United States Court of Federal Claims' dismissal of her suit is affirmed as 28 U.S.C. section 1500 applies and divests the Court of Federal Claims of jurisdiction over her Equal Pay Act claim because plaintiff's claims arise from the same operative facts and seek the same relief as the pending claim in the district court.
Appeal from: United States Court of Federal Claims
Decided December 28, 2009
Opinion by Linn, Circuit Judge
For Appellee: Robert E. Chandler, US Department of Justice