REAL v. U.S.

No. 90-5009.

906 F.2d 1557 (1990)

Jerry Lynn REAL, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 21, 1990.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Topeka, Kan., argued for plaintiff-appellant.

John S. Groat, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director, and James M. Kinsella. Of counsel was Captain Robert Barber, of the U.S. Marine Corps, Office of The Judge Advocate General, U.S. Navy.

Before RICH and MICHEL, Circuit Judges, and SENTER, District Judge.

SENTER, Chief Judge.

This is an appeal from a decision of the United States Claims Court dismissing the instant complaint on the ground that it was time barred under 28 U.S.C. § 2501. Pursuant to 28 USC §§ 1491(a)(1) & (2) (1988), the appellant brought a claim for back pay asserting that the Board for the Correction of Naval Records acted arbitrarily in denying the appellant's application to correct his records to reflect that he had been retired...

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