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SUMMERS v. UNITED STATES

No. 130-79C.

648 F.2d 1324 (1981)

Norman SUMMERS v. The UNITED STATES

United States Court of Claims.

May 6, 1981.

Attorney(s) appearing for the Case

George J. Feulner, Jr., Tucson, Ariz., atty. of record, for plaintiff. Franklin & Feulner, Tucson, Ariz., of counsel.

Marsha D. Peterson, Washington, D. C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant.

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

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

BENNETT, Judge.

This civilian pay case is before us on cross-motions for summary judgment. Plaintiff seeks premium overtime pay lost through allegedly "unjustified or unwarranted" personnel actions within the meaning of the Back Pay Act, 5 U.S.C. § 5596 (1976) (amended 1978, 1979, 1980). We hold for plaintiff.

The material facts are not in dispute. Plaintiff...

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