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LUNA v. UNITED STATES

Appeal No. 86-1275.

810 F.2d 1105 (1987)

Jose David LUNA, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 14, 1987.

Attorney(s) appearing for the Case

Kaletah N. Carroll, Fairfax, Va., argued for appellant.

Michael T. Paul, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Maj. Marilyn Barton, Office of Counsel, U.S. Air Force, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, FRIEDMAN and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

DECISION

Jose David Luna appeals from a grant by the United States Claims Court, Docket No. 61-81C, of summary judgment against him and in favor of the United States. We affirm.

Background

This case concerns the Air Force's disposition of the military pay and allowances of Lieutenant Colonel Jose David Luna (LTC Luna). The following facts are undisputed.

LTC Luna, a member of the U.S. Air Force, was shot down...

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