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CLARK v. U.S.

No. 02-5062.

322 F.3d 1358 (2003)

William a. CLARK, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 18, 2003.

Attorney(s) appearing for the Case

Charles J. Cooper, Cooper & Kirk, P.L.L.C., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Hamish P.M. Hume. Also on the brief were Helen K. Michael and Robert Shulman, Howrey Simon Arnold & White, L.L.P., of Washington, DC; and Richard T. Dorman, Cunningham, Bounds, Yance, Crowder & Brown, LLC, of Mobile, Alabama. Of counsel was Victor J. Miller, Howrey Simon Arnold & White, L.L.P.

John S. Groat, 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 James M. Kinsella, Deputy Director. Of counsel on the brief were Captain Andrew M. Leblanc, Department of the Air Force, and Major Joe Fetterman, Department of the Army. Of counsel were Captain Steven D. Bryant, Army Legal Services Agency, of Arlington, Virginia; Major Scott Reid, Department of the Army; and Joseph C. Wendlberger, Department of the Air Force.

Before RADER, SCHALL, and LINN, Circuit Judges.

SCHALL, Circuit Judge.

William A. Clark is a member of the Alabama National Guard. On November 1, 2000, he filed suit in the United States Court of Federal Claims seeking compensation, pursuant to 37 U.S.C. § 206(a) (1994), for his time spent completing mandatory correspondence courses as a member of the National Guard. In due course, the government moved to dismiss Mr. Clark's complaint for lack of jurisdiction or, in the alternative, for failure to state a...

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