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Administrative Law Keyed to Asimow
Portela-Gonzalez v. Secretary of the Navy
Citation:
109 F.3d 74 (1997)Facts
Portela worked for nearly three decades as a civilian employee at the Roosevelt Roads Naval Station. In December 1989, she placed 28 clothing items on layaway at the Navy Exchange, most of which were clearance “red tag” items. When prices were reduced further after Christmas, Portela canceled her layaway arrangement (paying a $5 penalty) and repurchased the items at a lower price, saving approximately $153. The Navy contended this violated Exchange policies and terminated her employment. Portela appealed through three levels of the Navy’s administrative process, all of which upheld her termination. Rather than pursuing the fourth and final level of administrative appeal to the Deputy Assistant Secretary of the Navy, she filed suit in federal court, arguing that the final appeal would have been futile.
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