DIGGIN v. UNITED STATES

No. 583-79C.

661 F.2d 174 (1981)

Daniel R. DIGGIN v. The UNITED STATES.

United States Court of Claims.

September 23, 1981.


Attorney(s) appearing for the Case

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

John W. Showalter, Washington, D. C., with whom was Acting Asst. Atty. Gen., Thomas S. Martin, Washington, D. C., for defendant.

Before DAVIS, KASHIWA and SMITH, Judges.


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

KASHIWA, Judge, delivered the opinion of the court:

This civilian pay case is before the court on the parties' cross motions for summary judgment. After consideration of the briefs and oral argument, for the reasons discussed below, we grant defendant's cross motion, deny plaintiff's motion, and dismiss the petition.

I.

Plaintiff, a civilian employee...

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