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GANT v. U.S.

No. 90-5048.

918 F.2d 168 (1990)

Wallace GANT, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 31, 1990.

Attorney(s) appearing for the Case

Thom K. Cope, Bailey, Polsky, Cope & Wood, Lincoln, Neb., argued, for plaintiff-appellee.

James M. Kinsella, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellant. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief, was Captain Paul C. Clark, Office of Judge Advocate Gen., Dept. of Air Force, Washington, D.C., of counsel.

Before NIES, Chief Judge, MILLER, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

The United States appeals from the judgment of the United States Claims Court in Gant v. United States, 18 Cl.Ct. 442 (1989), holding that Wallace Gant, a former Senior Master Sergeant in the Nebraska Air National Guard (NEANG), was entitled to an award of additional retirement pay based on a corrected date of retirement of April 15, 1983 rather than September 1, 1984. The Claims Court determined that the refusal of the Air Force Board...

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