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BURTON v. UNITED STATES

No. 246-67.

404 F.2d 365 (1968)

William Clyde BURTON v. The UNITED STATES.

United States Court of Claims.

December 13, 1968.

Attorney(s) appearing for the Case

William Clyde Burton, plaintiff, pro se.

James G. Greilsheimer, Washington, D. C., with whom was Asst. Atty. Gen., Edwin L. Weisl, Jr., for defendant, James F. Merow, Washington, D. C., of counsel.

Before COWEN, Chief Judge, LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

This back pay action is before us on defendant's motion for summary judgment. There is no cross-motion. The alternatives therefore are to allow the motion and dismiss the complaint, or to deny the motion and order trial. We allow the motion and dismiss the complaint. We believe there is no triable issue of fact and under the undisputed facts plaintiff is not entitled to recover. The evidence is documentary...

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