COLLINS v. U.S.

No. 10-778c.

RICHARD COLLINS, individually and on behalf of a class of all those similarly situated, Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

October 18, 2011.


Attorney(s) appearing for the Case

Joshua A. Block , New York, NY, counsel for plaintiff. Leslie Cooper , ACLU Foundation, New York, NY; and Sara Berger , Freedman Boyd Hollander Goldberg Ives & Duncan, PA; Laura Schauer Ives , ACLU of New Mexico; Matt Garcia and George Bach , Bach & Garcia, LLC, Albuquerque, NM, of counsel.

L. Misha Preheim , Washington, DC, with whom was Assistant Attorney General Tony West , for defendant. Capt. John Goehring , U.S. Air Force Civil Litigation, Joint Base Andrews, MD, of counsel.


MEMORANDUM OPINION AND ORDER

CHRISTINE ODELL COOK MILLER, Judge.

This case is before the court after argument on defendant's motion to dismiss for lack of subject matter jurisdiction or failure to state a claim for which relief can be granted. The key issue for decision is whether a statute entitling active-duty servicemembers involuntarily discharged for homosexuality to separation pay and requiring payment of either 100% or 50% of...

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