BOYCE v. UNITED STATES

No. 79 C 531.

523 F.Supp. 1012 (1981)

James R. BOYCE, Dominic Coppo, John R. Davis, Robert C. Leschorn, George McCauley, Anthony McHale, David W. O'Flaherty, Michael R. O'Neill and Julius L. Weiner, Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, E. D. New York.

September 17, 1981.


Attorney(s) appearing for the Case

Norris, Kozodoy & Krasnoo, Boston, Mass., for plaintiffs; James B. Krasnoo, Boston, Mass., Gillen, Turk & Calliendo, Norman Turk, New York City, of counsel, for plaintiffs.

Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., by Reuben S. Koolyk, Asst. U. S. Atty., Brooklyn, N. Y., for defendants.


MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiffs in this action are nine Deputy United States Marshals who claim entitlement to retroactive promotion and pay in accordance with the terms of a teletype dated June 16, 1972, sent to United States Marshals by a personnel officer of the United States Marshals Service ("USMS"). As discussed more fully below, the terms of promotion as set forth in the teletype were impermissible under applicable law and...

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