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ADAIR v. UNITED STATES

Nos. 541-76, 286-78, 461-78, 87-79C and 139-79C.

648 F.2d 1318 (1981)

Norman E. ADAIR et al. v. The UNITED STATES.

United States Court of Claims.

May 6, 1981.

Attorney(s) appearing for the Case

Jeffrey M. Glosser, Washington, D. C., atty. of record, for plaintiff. Kaufmann, Glosser & Greenburg, P.C., Washington, D. C., of counsel.

Glenn E. Harris, New York City, with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant.

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

ON PARTIES' EXCEPTIONS TO THE TRIAL JUDGE'S REPORT

KUNZIG, Judge.

In these five consolidated pay cases,1 plaintiffs are some 220 Public Health Service (PHS) physicians who claim entitlement to so-called "variable incentive pay" (VIP) under 37 U.S.C. § 313 (1976). The Government, relying on United States v. Testan (Testan)2 contends that we lack jurisdiction to entertain this suit because...

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