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SAWYER v. U.S.

No. 90-5101.

930 F.2d 1577 (1991)

Matthew H. SAWYER, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 23, 1991.

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., Falls Church, Virginia, 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 Robert C. Barber, Office of The Judge Advocate Gen., Dept. of the Navy, Alexandria, Va., of counsel.

Before MARKEY, MAYER and PLAGER, Circuit Judges.

OPINION

MAYER, Circuit Judge.

The United States appeals the judgment of the Claims Court awarding Matthew H. Sawyer disability benefits and ordering correction of his military records to reflect a medical discharge with thirty percent combined disability. 18 Cl.Ct. 860 (1989). We reverse.

Background

During the damp and foggy early morning hours of October 4, 1981, Sawyer was severely injured when he apparently lost control of his...

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