# Edward E. Oppenheim v. Alan K. Campbell, Chairman, Civil Service Commission

> Court of Appeals for the D.C. Circuit · January 9, 1978 · 571 F.2d 660

URL: https://www.frixlaw.com/law-library/cases/9464568

## Case

- **Full name:** Edward E. OPPENHEIM v. Alan K. CAMPBELL, Chairman, Civil Service Commission, Et Al., Appellants
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** January 9, 1978
- **Citations:** 571 F.2d 660; 187 U.S. App. D.C. 226; 97 L.R.R.M. (BNA) 2996; 1978 U.S. App. LEXIS 13151
- **Precedential status:** Published
- **Opinion:** Concurrence by Robb
- **Judges:** Bazelon, Wright, Robb
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9464568

## How later opinions describe it (automated extraction)

- holding that while the federal statute of limitations under 28 U.S.C. § 2401 (a) would apply to a complaint filed with a court, it did not apply to a claim filed with the Civil Service Commission, an administrative agency
- stating a plaintiff’s action “accrue[s]” when “his right to resort to federal court [is] perfected,” which, in turn, means that a plaintiff “[can] . . . resort[] to federal court when he [is] first harmed”
- finding APA review to be distinct cause of action in nonmilitary context

## Opinion text

ROBB, Circuit Judge,
concurring:
I concur in the part of the majority’s opinion that reverses the District Court’s grant of summary judgment. As the majority demonstrates forcefully, recovery by Oppenheim on the theory used by the District Court is barred by the statute of limitations, 28 U.S.C. § 2401 (a). The decision on this point is dispositive; accordingly I decline to express an opinion on the trial court’s construction of the 1940 Act, or on what alternate causes of action Oppenheim might have.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9464568. Public record. Not legal advice.