INTERNATIONAL ORG'N OF MASTERS, ETC. v. BROWN

No. 81-1250.

698 F.2d 536 (1983)

INTERNATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS, Appellant, v. Honorable Harold BROWN, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1983.


Attorney(s) appearing for the Case

Martin Shulman, with whom Benjamin L. Zelenko, Washington, D.C., was on brief, for appellant.

Leland Ware, Atty., Dept. of Justice, Washington, D.C., with whom Stanley S. Harris, U.S. Atty., and R. John Seibert, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Before WILKEY and WALD, Circuit Judges and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This case is about the legality of a "pay cap" on the salaries of high ranking civilian mariners employed by the United States government. The statutory question is whether 5 U.S.C. § 5373,1 which limits the basic rate of pay "fix[ed] by [executive branch] administrative action" to the maximum rate for grade GS-18, applies to 5 U.S.C. § 5348,

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