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ADAM v. NORTON

No. 09-17091.

636 F.3d 1190 (2011)

David P. ADAM; Lanford Adami; James P. Calzia; Bela Csejtey, Jr.; Alice S. Davis; James L. Drinkwater; Arthur B. Ford; Arthur Grantz; Barry F. Hirshorn; H. Mahadeva Iyer; Chi-Yu King; Stephen L. Lewis; Allan G. Lindh; Dennis M. Mann; A. Thomas Ovenshine; Brent D. Turrin; Chester T. Wrucke, Plaintiffs-Appellants, v. Gail NORTON, Secretary of the U.S. Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 1, 2011.

Attorney(s) appearing for the Case

Mary Dryovage , San Francisco, CA for the plaintiff-appellants.

Joseph P. Russoniello , United States Attorney, Joann M. Swanson , Assistant United States Attorney, and Steven J. Saltiel , Assistant United States Attorney, San Francisco, CA, for defendant-appellee the United States.

Before: STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

OPINION

REINHARDT, Circuit Judge:

The Back Pay Act waives the government's sovereign immunity from liability for interest on back pay awarded to:

[a]n employee of an agency who, on the basis of a timely appeal or an administrative determination . . . is found by appropriate authority under applicable law . . . to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part...

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