ATKINS v. UNITED STATES

Nos. 41-76, 132-76 and 357-76.

556 F.2d 1028 (1977)

C. Clyde ATKINS et al., v. The UNITED STATES. Louis C. BECHTLE et al., v. The UNITED STATES. Ruggero J. ALDISERT et al., v. The UNITED STATES.

United States Court of Claims.

May 18, 1977.


Attorney(s) appearing for the Case

Arthur J. Goldberg, Washington, D.C., atty. of records, for plaintiffs. Stephen G. Breyer, Cambridge, Mass., and Kevin M. Forde, Chicago, Ill., of counsel.

Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant. James F. Merow and Richard J. Webber, Washington, D.C., of counsel.

Cornelius B. Kennedy, Washington, D.C., filed a brief for Nelson A. Rockefeller, President of the United States Senate, as amicus curiae. Kennedy, Webster & Gardner, Washington, D.C., of counsel.

Eugene Gressman, Washington, D.C., filed a brief for Frank Thompson, Jr., Chairman, Committee on House Administration, United States House of Representatives, as amicus curiae. Arthur S. Miller, Washington, D.C., of counsel.

Francis M. Wheat, Los Angeles, Cal., filed a brief for Los Angeles County Bar Association as amicus curiae. John J. Quinn, Jr., Samuel L. Williams, John D. Taylor, David Ellwanger, and Brigitta B. Troy, Los Angeles, Cal., of counsel.

Before COWEN, Senior Judge, DAVIS, Judge, SKELTON, Senior Judge, and NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges, en banc.


OPINION

PER CURIAM:

In these three consolidated cases, 140 United States circuit and district judges have sued the Government to recover additional compensation they allege is due them under the Constitution of the United States for their services as federal judges since March 15, 1969.

Plaintiffs allege that each of them has been appointed to his present office pursuant to article III, section 2, of the...

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