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MUDGE v. U.S.

No. 02-5024.

308 F.3d 1220 (2002)

Robert O. MUDGE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: October 17, 2002.

Attorney(s) appearing for the Case

Larry J. Adkins, Deputy General Counsel, National Treasury Employees Union, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Gregory O'Duden, General Counsel; and Barbara A. Atkin, Deputy General Counsel.

Thomas B. Fatouros, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Todd M. Hughes, Assistant Director.

Before LOURIE, SCHALL, and PROST, Circuit Judges.

PROST, Circuit Judge.

Robert O. Mudge appeals from the decision of the United States Court of Federal Claims dismissing his complaint for lack of jurisdiction. Mudge v. United States, 50 Fed.Cl. 500 (2001). Because the court erred in concluding that it lacked jurisdiction to hear the case, we reverse the court's dismissal and remand for further proceedings. Because the court did not address the issue of whether the terms of Mr. Mudge's collective bargaining...

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