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BARTH v. UNITED STATES

No. 349-74.

568 F.2d 1329 (1978)

Jack E. BARTH and William Levine v. The UNITED STATES.

United States Court of Claims.

January 25, 1978.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., for plaintiffs; Heise Jorgensen & Stefanelli, P. A., Silver Spring, Md., of counsel.

Anthony Thompson, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant.

Before COWEN, Senior Judge, and DAVIS and KUNZIG, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

This civilian pay case is before the court on cross-motions for summary judgment. Jack E. Barth and William Levine (plaintiffs), civilian employees of the Department of the Navy, were, for a period of time, directed to report to a test site some 40 miles away from their assigned duty station. They claim entitlement to overtime and night differential...

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