SAMMT v. UNITED STATES

Appeal Nos. 85-2061, 85-2130.

780 F.2d 31 (1985)

Major Carl J. SAMMT, R.A., Appellant/Cross-Appellee, v. The UNITED STATES, Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

December 17, 1985.


Attorney(s) appearing for the Case

Keith A. Rosenberg, LaRoe, Winn & Moerman, Washington, D.C., for appellant. With him on brief was Lauren V. Kessler.

John S. Groat, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director and R. Anthony McCann, Lieutenant Colonel, Joyce E. Peters and Major Wayne H. Price, Office of the Judge Advocate Gen., Dept. of the Army, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, MILLER, Senior Circuit Judge and NIES, Circuit Judge.


NIES, Circuit Judge.

The United States Claims Court, 7 Cl.Ct. 274 (1985), held that it had subject matter jurisdiction over the claim of Major Carl J. Sammt, R.A., for back pay and correction of records, but further held that the claims were without merit. Judgment was entered for the government. Both parties appeal. We hold that because Major Sammt retired voluntarily, the Claims Court was without subject matter jurisdiction. The case is, therefore, remanded for...

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