HARRIS v. U.S.

No. 87-1107.

841 F.2d 1097 (1988)

Eugene T. HARRIS, Plaintiff-Appellant, v. The UNITED STATES of America and The United States Department of the Army, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 10, 1988.


Attorney(s) appearing for the Case

Linda Lipsett, Connerton & Bernstein, Washington, D.C., argued for plaintiff-appellant. With her on the brief was Ira M. Lechner.

Jane W. Vanneman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendants-appellees. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan, Asst. Director and Paul J. Ehlenbach. Also on the brief were Major William Trivett, Dept. of the Army, Washington, D.C. and Stuart Miller, Office of Staff Judge Advocate, Fort Gordon, Ga., of counsel.

Kevin M. Grile, American Federation of Government Employees, AFL-CIO, Northfield, Ill., was on the brief for amicus curiae.

Before RICH, Circuit Judge, and NICHOLS and BALDWIN, Senior Circuit Judges.


NICHOLS, Senior Circuit Judge.

This is an appeal by Eugene T. Harris (Harris or appellant) from a decision by the United States District Court for the Southern District of Georgia, CV185-163, holding that the trial court had no Tucker Act jurisdiction to determine Harris' environmental differential pay (EDP). The Civil Service Reform Act, as adopted in part in the collective bargaining agreement to which Harris was bound, provided the exclusive applicable grievance...

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