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DUNCAN v. U.S.

No. 91-5038.

949 F.2d 1134 (1991)

Barmore DUNCAN, Steven A. Gardner, Edward Y. Hall, Harvey W. Riley, Walter W. Welch, III and Roger Winslow, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 13, 1991.

Attorney(s) appearing for the Case

Neil F. McCarron, Jr., Bedford, Mass., argued, for plaintiffs-appellants.

John S. Groat, Atty., Commercial Litigation Branch, Dept. of Justice of Washington, D.C., argued, for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director. Also on the brief was Major Ray Jennings, Jr., Dept. of the Army, Arlington, Va., of counsel.

Before NEWMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

CLEVENGER, Circuit Judge.

Barmore Duncan, Steven A. Gardner, Edward Y. Hall, Harvey W. Riley, Walter W. Welch, III, and Roger Winslow (Appellants) appeal the decision of the United States Claims Court granting the Government's motion to dismiss their causes of action for failure to state a claim upon which relief could be granted. Duncan v. United States, 22 Cl.Ct. 1 (1990). We affirm.

I

Appellants served both as commissioned officers and...

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