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KELLERMAN v. UNITED STATES

No. 128-73.

504 F.2d 1128 (1974)

Karl F. KELLERMAN v. The UNITED STATES.

United States Court of Claims.

October 23, 1974.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., attorney of record, for plaintiff.

Peter A. T. Sartin, Washington, D. C., with whom was Asst. Atty. Gen. Carla A. Hills, for defendant; Karen A. Berndt, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and SKELTON and KUNZIG, Judges.

ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

We face in this suit for back pay and ancillary relief the question of whether the Air Force Systems Command (Systems Command) properly exercised its discretion in refusing to adjust plaintiff's salary to take advantage of the lifting of a Congressional wage ceiling. We conclude that defendant either had no discretion to act as it did or, alternatively, abused the discretion...

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