Herrera v. United States’s Empirical Analysis
849 F.2d 1416 · 1988
Citation profile
21 federal appellate ·
How this case has been cited
Cited by 39 later decisions — most recently October 2016 · most notably Rosete v. Office of Personnel Management (1995), Dupo v. Office of Personnel Management (1995)
21 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 5 U.S.C. § 8333 · 5 U.S.C. § 8338
Relies on American Standard Inc. v. Pfizer Inc. · Chemical Engineering Corporation v. Essef Industries Inc · Baker v. United States · Tirado v. Department of Treasury
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[a]n employee ... must complete, within the last 2 years before any separation from service ... at least 1 year of creditable civilian service during which he is [covered by the Civil Service Retirement Act]....' " Id. (quoting and construing 5 U.S.C. Sec. 8333(b)). 6 Petitioner argues that he satisfied the covered service requirement because, on October 3, 1971, his temporary appointment was converted to a permanent appointment and he was in that position until April 18, 1978. We find that there is a lack of substantial evidence in the record to support the Board's decision that petitioner's position did not become permanent. The notification of Personnel Action dated October 8, 1971, states that the nature of the action taken was "Promotion-Permanent.”
2 later decisions quote this exact passage · from the majority“[a]lthough most service as an employee of the federal government is creditable service, service that is creditable service is not necessarily covered service.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.