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JANAKES v. UNITED STATES POSTAL SERVICE

No. 84-2090.

768 F.2d 1091 (1985)

Nicholas J. JANAKES, on Behalf of himself and on behalf of all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1985.

Attorney(s) appearing for the Case

William B. Peavey, Jr., Peavey & White, San Francisco, Cal., for plaintiffs-appellants.

Stephen E. Alpern, Asso. General Counsel, James A. Friedman, Christopher T. Klepac, Washington, D.C., Joseph P. Russoniello, U.S. Atty., George Christopher Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before WALLACE and POOLE, Circuit Judges, and LEAVY, District Judge.

WALLACE, Circuit Judge:

Janakes appeals from a judgment entered in favor of the United States Postal Service (Service) on cross-motions for summary judgment. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand with instructions.

I

On February 13, 1982, Janakes, a mail carrier for the Service, was injured while delivering mail. Janakes applied for "continuation of pay" (COP) pursuant to 5 U.S.C. § 8118 of the Federal Employees...

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