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VAN DRASEK v. LEHMAN

No. 83-2343.

762 F.2d 1065 (1985)

John R. VAN DRASEK, Captain, Appellant, v. John LEHMAN, Secretary of the Navy, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1985.

Attorney(s) appearing for the Case

Stuart Steinberg, with whom Stephen G. Milliken, Washington, D.C., was on the brief, for appellant.

Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., R. Craig Lawrence, William J. Birney, Royce C. Lamberth, Asst. U.S. Attys., and Charles R. Gross, Captain, Office of the Judge Advocate Gen., Dept. of the Navy, Washington, D.C., were on the brief, for appellees.

Before TAMM, MIKVA and EDWARDS, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The Federal Courts Improvement Act, 28 U.S.C. § 1295(a)(2) (1982), provides that the United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction over appeals from final decisions of a district court if the jurisdiction of that court was based "in whole or in part" on the Tucker Act, 28 U.S.C. § 1346(a)(2) (1982). Although neither party in this case...

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