BATTEN v. UNITED STATES

No. 431-77.

597 F.2d 1385 (1979)

James L. BATTEN (1), Leon P. Haywood (2), Eldon L. Miller, Jr. (3), Donald L. White, Sr. (4), and Stephen L. Whitehead, Jr. (5) v. The UNITED STATES.

United States Court of Claims.

May 16, 1979.


Attorney(s) appearing for the Case

Leonard D. Levine, Virginia Beach, Va., atty. of record, for plaintiffs. Levine & Friedman, Virginia Beach, Va., of counsel.

Sandra P. Spooner, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant. Robert Reutershan, of counsel.

Before DAVIS, KASHIWA and SMITH, Judges.


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

SMITH, Judge:

This civilian pay case comes before the court on defendant's motion for summary judgment and plaintiffs' cross-motion for summary judgment. After considering the motions, and after oral argument, the court concludes that there is no genuine issue as to any material fact, and the defendant is entitled to judgment as a matter of law.

I.

...

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