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LEVINE v. U.S.

No. 06-5026.

453 F.3d 1348 (2006)

Matthew E. LEVINE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 28, 2006.

Attorney(s) appearing for the Case

Matthew E. Levine, of Universal City, Texas, pro se.

Hillary A. Stern, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With her on the brief was Peter D. Keisler, Assistant Attorney General.

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

NEWMAN, Circuit Judge.

Dr. Matthew E. Levine appeals the decision of the Court of Federal Claims, dismissing his complaint pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims ("RCFC").1 We affirm the decision.

BACKGROUND

The issue is the calculation of Dr. Levine's years of military service, and commensurate retirement pay.

Dr. Levine was appointed a First Lieutenant in the United...

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