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VAN WINKLE v. McLUCAS

No. 75-2145.

537 F.2d 246 (1976)

Martin L. VAN WINKLE, Plaintiff-Appellee, v. John L. McLUCAS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1976.

Attorney(s) appearing for the Case

William W. Milligan, U. S. Atty., Dayton, Ohio, Robert E. Kopp, John M. Rogers, Dept. of Justice, Washington, D. C., for defendant-appellant.

Gerald L. Turner, Cross & Turner, Dayton Ohio, for plaintiff-appellee.

Before EDWARDS, PECK and MILLER, Circuit Judges.

PER CURIAM.

The sole question posed by this appeal is whether the federal Back Pay Act, 5 U.S.C. § 5596(b)(1) (1970), was properly interpreted by the federal District Judge as authorizing not only an award of back pay but also an award of interest thereon. The statute in question (with the language specifically relied upon by the District Judge emphasized) reads as follows:

(b) An employee of an agency who, on the basis of an administrative determination...

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