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McCLARY v. UNITED STATES

Appeal No. 85-1957.

775 F.2d 280 (1985)

Daryl C. McCLARY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

October 17, 1985.

Attorney(s) appearing for the Case

Scott A. Koltun, Solerwitz & Leeds, Minelo, N.Y., argued, for appellant.

Terrence S. Hartman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett.

Before DAVIS, BENNETT, and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

McClary appeals from the judgment of the United States Claims Court dismissing his complaint for want of jurisdiction and for failure to state a claim. We affirm in part, reverse in part, and remand.

BACKGROUND

The facts are succinctly set forth in the trial court's opinion:

As of January 1977, plaintiff was a GS-13, Senior Special Agent in the Blaine, Washington office of the Drug Enforcement Administration ("DEA...

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