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BICKFORD v. UNITED STATES

No. 372-79C.

656 F.2d 636 (1981)

Stephen M. BICKFORD v. The UNITED STATES.

United States Court of Claims.

July 29, 1981.

Attorney(s) appearing for the Case

Joseph C. Barton, San Francisco, Cal., attorney of record, for plaintiff.

Elizabeth Langer, Washington, D. C., with whom was Asst. Atty. Gen., Alice Daniel, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, DAVIS, NICHOLS, KASHIWA, KUNZIG, BENNETT and SMITH, Judges, en banc.

ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT

KUNZIG, Judge.

In this military pay case the plaintiff, a former captain in the JAG Corps of the Regular Army, challenges the validity of the Excess Leave Program under which he attended law school. Plaintiff argues that the Secretary was without statutory authority to deny him pay and allowances during his three years in law school. The Government has moved for summary judgment dismissing the petition,...

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