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TRABAL v. UNITED STATES

No. 42-79.

624 F.2d 1035 (1980)

G. Ivan TRABAL v. The UNITED STATES.

United States Court of Claims.

June 18, 1980.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., attorney of record, and John P. Rhody, Jr., Silver Spring, Md., of counsel, for plaintiff.

Stephen G. Anderson, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Louis B. Jack, Internal Revenue Service, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and NICHOLS, Judge.

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

FRIEDMAN, Chief Judge:

For the fourth time, we are required to determine the pay to which an employee of the Internal Revenue Service is entitled upon his return to duty with the Service in the United States following service overseas under the Foreign Tax Assistance Program (FTAS). In the first two cases, Whelan v. United States, 208 Ct.Cl. 688,

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