NATIONAL TREASURY EMPLOYEES UNION v. U.S.

No. 90-5122.

950 F.2d 1562 (1991)

NATIONAL TREASURY EMPLOYEES UNION, Ronald J. Rizzo, Norma McMullin, Henry Schade, Edward Stroface, Francis Carelli, Salvatore Barbieri, Jr., Vito M. Basile, Leila A. Fraley, Vincente Fuster, Estate of Manuel E. Lopez, Ruel A. Murphy, Nathaniel M. Norwood, Edward A. Perez, Walter Phillips, Jeanne E. Hernandez Rogers, Alvarez M. Blair Sweeting, Elvin Neal Tish, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 11, 1991.


Attorney(s) appearing for the Case

Cary P. Sklar, Sr. Trial Counsel, of the National Treasury Employees Union, Washington, D.C., argued (Gregory O'Duden, Director of Litigation and Elaine Kaplan, Deputy Director of Litigation, on brief), for plaintiffs-appellants.

Hillary A. Stern, of the Civ. Div., Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Jeanne E. Davidson, Asst. Director, and Anthony J. Ciccone. Of counsel was Currita C. Waddy, Office of Chief Counsel, U.S. Customs Service, Washington, D.C., on brief), for defendant-appellee.

Before CLEVENGER, Circuit Judge, COWEN, Senior Circuit Judge, and RADER, Circuit Judge.


CLEVENGER, Circuit Judge.

Plaintiffs-Appellants are inspectors for the United States Customs Service who were temporarily ordered to assist in controlling an influx of refugees fleeing Cuba in private and commercial boats and entering the United States at Key West, Florida in 1980, an event commonly known as the Mariel boatlift. The Customs inspectors appeal the judgment of the U.S. Claims Court, on motion for summary judgment, that the Government was not required...

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