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O'NEALL v. UNITED STATES

Appeal No. 86-591.

797 F.2d 1576 (1986)

Donald M. O'NEALL, Jerry E. Cesaratto, George Weisbarth, Frank W. Potter, Paul L. Bradley, David P. Newlun, Warren E. Henderson, Robert K. Smith, Paul D. Metz, Rollin R. Peterson, Gregory J. Merriman, Joe C. Wilson, Donald G. Farmer, Jay D. Bender, Thomas R. Herman, and Neil C. Lawson, Appellants, v. UNITED STATES of America, Caspar W. Weinberger, Secretary of Defense, Department of Defense, Verne Orr, Secretary of Air Force, Department of Air Force, Colonel Yaryan, Base Commander 92d Combat Support Group, Fairchild Air Force Base, Appellees.

United States Court of Appeals, Federal Circuit.

July 31, 1986.

Attorney(s) appearing for the Case

Frank R. Hoover, Woeppel, Hoover & Boyden, Spokane, Wash., argued, for appellants. With him on brief, was Michael J. Beyer.

Howard S. Scher, Dept. of Justice, Washington, D.C., argued, for appellee. With him on brief, were Richard K. Willard, Acting Asst. Atty. Gen., John E. Lamp, U.S. Atty. and John F. Cordes.

Clinton Wolcott, Staff Atty., Nat. Federation of Federal Employees, Washington, D.C., argued for amicus curiae NFFE. With him on brief, was Patrick Riley, Deputy General Counsel.

Sally M. Armstrong, O'Donoghue & O'Donoghue, Washington, D.C., was on brief amicus curiae Metal Trades Dept. of the AFL-CIO.

Before FRIEDMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

This appeal involves the entitlement of civilian workers employed at Fairchild Air Force Base, Spokane, Washington, to extra pay because of exposure to asbestos dust in their work. Donald M. O'Neall et al. challenge two rulings of the United States District Court for the Eastern District of Washington, on questions certified by that court under 28 U.S.C. § 1292(b) (1982). In sum, the court held...

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