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AINSLIE v. U.S.

No. 03-5068.

355 F.3d 1371 (2004)

Lawrence J. AINSLIE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

Daniel M. Schember, Gaffney & Schember, P.C., of Washington, DC, argued for plaintiff-appellant.

Hillary A. Stern, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were David M. Cohen, Director; and James M. Kinsella, Deputy Director.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and PROST, Circuit Judge.

PROST, Circuit Judge.

Lawrence J. Ainslie appeals from a decision by the United States Court of Federal Claims to dismiss his claims for back pay for failure to state a claim upon which relief could be granted. Ainslie v. United States, 55 Fed. Cl. 103 (2003). For the reasons discussed in this opinion, we affirm.

BACKGROUND

Ainslie was employed by the National Guard as a technician until December...

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