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RILEY v. UNITED STATES

No. 206-73.

608 F.2d 441 (1979)

Bryan B. RILEY v. The UNITED STATES.

United States Court of Claims.

September 19, 1979.

Attorney(s) appearing for the Case

Maurice F. Biddle, Washington, D. C., attorney of record, for plaintiff.

Lawrence S. Smith, Washington, D. C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D. C., for defendant.

Before NICHOLS, KUNZIG and BENNETT, Judges.

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

BENNETT, Judge:

This military pay case is before the court on the parties' motions for summary judgment. Plaintiff was formerly a captain on active duty in the United States Air Force Reserve when he was involuntarily released from active duty because he had twice been passed over for promotion to the temporary rank of major. Plaintiff contends that his release was...

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