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STONE v. UNITED STATES

No. 81-1943.

683 F.2d 449 (1982)

Carl W. STONE, Sr., Appellant v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1982.

Attorney(s) appearing for the Case

Robert A. Prince, Augusta, Ga., with whom William E. Casselman, II, Washington, D. C., was on the brief, for appellant.

John Oliver Birch, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, and Royce C. Lamberth, Kenneth M. Raisler, and Michael J. Ryan, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Keith A. Rosenberg, Washington, D. C., was on the brief for amici curiae Seventy Army Reserve Officers in support of appellant.

Before WRIGHT and MIKVA, Circuit Judges, and BAZELON, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

The Tucker Act, 28 U.S.C. § 1346(a)(2) (1976), gives jurisdiction to the United States District Courts, concurrent with the United States Court of Claims, over back pay claims by government employees not exceeding $10,000 in amount. Cases seeking larger amounts must be brought in the Court of Claims, but plaintiffs may waive all claims in excess of $10,000...

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