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ACFALLE v. UNITED STATES

No. 23977.

438 F.2d 913 (1971)

Jose T. ACFALLE et al., Plaintiffs-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 25, 1971.

Attorney(s) appearing for the Case

Charles J. Williams (argued), Martinez, Cal., Trapp & Gayle, Agana, Guam, for plaintiffs-appellants.

Thomas J. Press (argued), Atty., Dept. of Justice, William D. Ruckelshaus, Asst. Atty. Gen., Duane K. Craske, Acting U. S. Atty., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., James P. Alger, U. S. Atty., Agana, Guam, for defendant-appellee.

Before HAMLEY and BROWNING, Circuit Judges, and SCHNACKE, District Judge.

PER CURIAM:

Appellants' action under the Tucker Act is for wages allegedly due them as civilian employees of the United States Navy at Guam. The court below granted the motion of the United States for summary judgment. We affirm.

Appellants were rated under applicable Navy Regulations as laborers, but allegedly worked more than 50% of their time as stevedores. They were paid stevedores' wages for the time they so worked, and laborers' wages for the balance...

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