ULMET v. U.S.

Appeal No. 86-1693.

822 F.2d 1079 (1987)

Ltc. Oliver Donovan ULMET, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

June 30, 1987.


Attorney(s) appearing for the Case

John W. Toothman, of John D. Grad, P.C., Alexandria, Va., argued, for appellant. With him on the brief, was John D. Grad.

Sylvia Ford Brown, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With her on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C. Of counsel were Lieutenant Colonel William C. Kirk and Captain Mark Landes, of the Office of the Judge Advocate General, Dept. of the Army, Washington, D.C.

Before NEWMAN and BISSELL, Circuit Judges, and RE, Chief Judge.


RE, Chief Judge.

Lieutenant Colonel (LTC.) Oliver Donovan Ulmet, appeals from a judgment of the United States Claims Court which granted defendant's motion for summary judgment, and denied his cross-motion for summary judgment. The Claims Court held that LTC. Ulmet, a reserve officer who had been involuntarily released after 15 years of service, and who had received readjustment pay, could not "tack on" his subsequent active duty for training service in order to become...

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