PUGLISI v. UNITED STATES

Nos. 275-76 through 281-76, 386-76 through 388-76.

564 F.2d 403 (1977)

Lt. Col. Vincent PUGLISI et al. v. The UNITED STATES.

United States Court of Claims.

October 19, 1977.


Attorney(s) appearing for the Case

John A. Everhard, Washington, D.C., attorney of record, for plaintiffs; Thomas H. King, Washington, D.C., of counsel.

Richard J. Webber, Washington, D.C., with whom was Asst. Atty. Gen., Barbara Allen Babcock, Washington, D.C., for defendant.

Before DAVIS, NICHOLS and KASHIWA, Judges.


ON DEFENDANT'S MOTION TO DISMISS THE PETITION AND ON PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:

Plaintiffs are retired regular officers of various components of the uniformed services who hold civilian positions with the federal government. As retired regular officers they are permitted to receive their full civilian pay but, pursuant to the Dual Compensation Act of 1964, now 5 U.S.C. § 5532(b) (1970), their retirement pay is substantially...

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