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NATIONAL TREASURY EMPLOYEES UNION v. HORNER

Nos. 87-1506, 87-1507 and 88-1075.

869 F.2d 571 (1989)

NATIONAL TREASURY EMPLOYEES UNION, Lila Sanders, Carol Fiel, and Richard Morris, Plaintiffs/Appellees, Patent Office Professional Association, Sarah A. Lechok and Peter Martine, Plaintiffs/Cross-Appellants, v. Constance HORNER, Director, Office of Personnel Management, and United States of America, Defendants/Appellants.

United States Court of Appeals, Federal Circuit.

March 7, 1989.

Attorney(s) appearing for the Case

Gregory O'Duden, Deputy Director of Litigation, Nat. Treasury Employees Union, Washington, D.C., argued for plaintiffs/appellees. With him on the brief was Lois G. Williams.

Lynne K. Zusman, Lynne K. Zusman and Associates, P.C., Washington, D.C., argued for plaintiffs/cross-appellants. With him on the brief was James L. Weiner.

Frank A. Rosenfeld, Dept. of Justice, Washington, D.C., argued for defendants/appellants. With him on the brief were James M. Spears, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty. and William Kanter.

Before FRIEDMAN, NEWMAN and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

Constance Horner, Director of the Office of Personnel Management (OPM), appeals the summary judgment of the United States District Court for the District of Columbia, Nos. 83-0279 and 83-0526 (D.D.C. March 13, 1987) [1987 WL 8704], in favor of plaintiffs, holding that OPM unlawfully denied certain special rate employees of the federal government an annual pay adjustment to which they were entitled pursuant to 5 U.S.C. §§ 5303(d) and...

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