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GNAGY v. UNITED STATES

No. 516-78.

634 F.2d 574 (1980)

Irvin H. GNAGY v. The UNITED STATES.

United States Court of Claims.

October 22, 1980.

Attorney(s) appearing for the Case

Howard J. De Nike, San Francisco, Cal., attorney of record, for plaintiff. De Nike & Hickman, San Francisco, Cal., of counsel.

Ransey G. Cole, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, and KUNZIG and SMITH, Judges.

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

SMITH, Judge:

This case involving two claims for back pay is before the court on the parties' cross-motions for summary judgment.1 The motions, on which we have heard oral argument, present a single dispositive issue: Is a military member of the National Guard a federal "employee" for purposes...

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