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ABSHER v. UNITED STATES

Appeal No. 86-885.

805 F.2d 1025 (1986)

Charles Roger ABSHER, et al., Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 14, 1986.

Attorney(s) appearing for the Case

Jeffrey M. Glosser, Washington, D.C., argued, for appellants. With him on the brief was Robert A. Burka.

Stephen J. McHale, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director.

Before SMITH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PER CURIAM.

DECISION

This is an appeal from a decision of the United States Claims Court (Margolis, J.) granting defendant's motion for summary judgment and denying plaintiffs' cross-motion for summary judgment. 9 Cl.Ct. 223 (1985). We affirm.

BACKGROUND

Plaintiffs-appellants are 2,048 disabled military retirees entitled to receive longevity retired pay and who also qualify for disability compensation from the Veterans Administration (VA...

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