TAYLOR v. UNITED STATES

No. 349-77.

591 F.2d 688 (1979)

William C. TAYLOR v. The UNITED STATES.

United States Court of Claims.

January 24, 1979.


Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Springs, Md., for plaintiff. Robert A. Hahn, Silver Springs, Md., of counsel.

LeRoy Southmayd, Jr., 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 PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

COWEN, Senior Judge:

The parties' cross-motions for summary judgment in this civilian pay case raise an issue not previously decided by this court. The question for decision is whether a classified Civil Service employee, who retires after his removal from the service but while his appeal from such adverse action is pending, is entitled to back pay and reinstatement...

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