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CAPPELLA v. UNITED STATES

No. 70-79.

624 F.2d 976 (1980)

Paul C. CAPPELLA v. The UNITED STATES.

United States Court of Claims.

May 28, 1980.

Attorney(s) appearing for the Case

John Murcko, attorney of record, for plaintiff.

Ransey Guy Cole, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant; LeRoy Southmayd, Jr., Washington, D. C., and Lt. Gary J. Elkins, Dept. of the Navy, of counsel.

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

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

FRIEDMAN, Chief Judge:

This military pay case is before the court on cross-motions for summary judgment. Plaintiff sues for back pay he claims was wrongfully withheld pursuant to an administrative disciplinary proceeding his commanding officer conducted under Article 15 of the Uniform Code of Military Justice, 10 U.S.C. § 815 (1976). Briefs were filed, and we...

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