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GRAY v. OFFICE OF PERSONNEL MANAGEMENT

No. 84-5052.

771 F.2d 1504 (1985)

Lawrence E. GRAY, et al., Appellants, Augustus A. Simpson, Jr. v. OFFICE OF PERSONNEL MANAGEMENT, an Agency of the U.S. Government, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 1985.

As Amended August 27, 1985.

Attorney(s) appearing for the Case

James H. Curtin, Washington, D.C., with whom Francis A. O'Brien, Washington, D.C., was on brief, for appellants. Stephen M. Ryan, Washington, D.C., entered an appearance for appellants.

Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, William H. Briggs, Jr., Asst. U.S. Attys., and James S. Green, Atty., Office of Personnel Management, Washington, D.C., were on brief, for appellees.

Before ROBINSON, Chief Judge, STARR, Circuit Judge, and BRYANT, Senior District Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

In this appeal, we are called upon to determine whether the District Court properly dismissed two consolidated actions brought by four Department of Labor Administrative Law Judges. The appellants were among a group of ALJs who remained at their GS-15 pay level despite an Office of Personnel Management directive promoting thirty-nine of their colleagues to GS-16. Eighteen months after...

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