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PALMER v. U.S.

No. 97-5129.

168 F.3d 1310 (1999)

Colonel David W. PALMER, II, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 23, 1999.

Attorney(s) appearing for the Case

Colonel David Palmer, II, pro se, of Fort Walton Beach, FL.

John S. Groat, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director.

Before PLAGER, RADER, and GAJARSA, Circuit Judges.

PLAGER, Circuit Judge.

This is a military pay case. The United States Court of Federal Claims rendered judgment against Colonel David W. Palmer II on his claim for pay he alleged to have been wrongfully denied. See Palmer v. United States, 38 Fed. Cl. 316 (1997). Col. Palmer appeals the judgment. Because Col. Palmer, as an officer not on regular active duty, is not entitled to pay for duty he did not perform, we affirm...

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