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SALINAS v. U.S.

No. 02-5127.

323 F.3d 1047 (2003)

Rogelio M. SALINAS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 25, 2003.

Attorney(s) appearing for the Case

Roger M. Yale, of Denton, TX, for plaintiff-appellant.

Jan M. Folena, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for defendant-appellee. On the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Todd M. Hughes, Assistant Director. Of counsel was William L. Olsen, Trial Attorney.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The question is whether the Court of Federal Claims correctly dismissed for lack of jurisdiction a government employee's suit seeking back pay for the period during which he had been suspended following his indictment in a state court. After a jury acquitted him on the state charge, the government reinstated him but refused to give him back pay. He then filed suit in the Court of Federal Claims for amounts allegedly due him for that...

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