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STEWART v. UNITED STATES

No. 198-77.

611 F.2d 1356 (1979)

John E. STEWART v. The UNITED STATES.

United States Court of Claims.

December 12, 1979.

Attorney(s) appearing for the Case

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

LeRoy Southmayd, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. Alice Daniel, Washington, D.C., for defendant. George M. Beasley, III, Washington, D.C., of counsel.

Before KASHIWA, 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 motions by both parties for summary judgment. We grant defendant's motion in part, but as to the rest of the claim deny both motions since we conclude that further administrative consideration of it is required.1 Indeed, at least one of the issues is of first impression and its...

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