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McCORKLE v. UNITED STATES

No. 76-1479.

559 F.2d 1258 (1977)

William C. McCORKLE, Jr., on behalf of himself and all others similarly situated, Appellant, v. The UNITED STATES, Robert E. Hampton, Chairman, U. S. Civil Service Commission, James T. Lynn, Director, Office of Management & Budget, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1977.

Attorney(s) appearing for the Case

Lewis T. Booker, Richmond, Va. (Rand A. Mirante, Johnnie M. Walters, Washington, D. C., Hunton & Williams, Richmond, Va., on brief), for appellant.

James R. Hubbard, Asst. U. S. Atty., Alexandria, Va. (William B. Cummings, U. S. Atty., Alexandria, Va., on brief), for appellees.

Before TOM C. CLARK, Associate Justice, retired, sitting by designation, and BUTZNER and WIDENER, Circuit Judges.

BUTZNER, Circuit Judge:

William C. McCorkle, on behalf of federal government employees whose salaries are determined by the pay rates for grades 15 to 18 of the General Schedule, appeals the judgment of the district court upholding the constitutionality of § 3(a) of the Federal Pay Comparability Act of 1970 [5 U.S.C. § 5308] and § 225(i)(1)(B) of the Federal Salary Act of 1967 [2 U.S.C. § 359(1)(B)]. McCorkle contends that limiting the pay of General...

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