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FERN v. U.S.

No. 89-1106.

908 F.2d 955 (1990)

Albert John FERN, Jr., John T. Flannagan, Robert Jeffrey, Donnald Koppenhaver, James H. Powell, Robert Louis Stirm, Max E. Thompson, Jack Trahan and David E. Walentowski, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 16, 1990.

Attorney(s) appearing for the Case

Mattaniah Eytan, Kaplan, Russin, Vecchi & Eytan, of San Francisco, Cal., argued for plaintiffs-appellants.

Martha H. DeGraff, Dept. of Justice, of Washington, D.C., argued for defendant-appellee.

John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Assistant Director, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., were on the brief for defendant-appellee. Also on the brief was Ralph E. Avery, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., of counsel.

Before NIES, Chief Judge, NEWMAN and ARCHER, Circuit Judges.

NIES, Chief Judge.

This appeal is from the final judgment of the United States Claims Court, Fern v. United States, 15 Cl.Ct. 580 (1988) (Lydon, J.), dismissing a complaint which sought just compensation under the Fifth Amendment to the United States Constitution arising from or as a result of the enactment of the Uniform Services Former Spouses Protection Act, Pub.L. No. 97-252, 96 Stat. 718 (1985) (codified at 10...

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