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UNITED STATES v. McINNES

Nos. 76-1771 and 76-1812.

556 F.2d 436 (1977)

UNITED STATES of America et al., Appellants, v. Colin C. McINNES et al., Appellees and Cross-Appellants (Two Cases).

United States Court of Appeals, Ninth Circuit.

June 23, 1977.

Attorney(s) appearing for the Case

Jerome F. McCarthy, Gordon, Thomas Honeywell, Malanca, Peterson & O'Hern, Tacoma, Wash., for cross-appellant/appellees (McInnes, et al).

Frederic D. Cohen, Robert E. Kopp, Attys., App. Section, Civ. Div., Dep. of Justice, Washington, D.C., for appellees/cross-appellants (USA).

Before WRIGHT, KILKENNY and ANDERSON, Circuit Judges.

KILKENNY, Circuit Judge:

Colin McInnes and a group of other federal employees [appellees] sought an award of back pay following a change of their pay schedules. Judgment was ultimately entered against the government. The government appeals from this adverse judgment in No. 76-1771, and the appellees cross-appeal from the denial of a motion for summary judgment in No. 76-1812. We affirm.

FACTS

The appellees are radiation control monitors employed...

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