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WEBER v. DEPARTMENT OF VETERANS AFFAIRS

No. 06-35522.

512 F.3d 1178 (2008)

William N. WEBER, M.D., Plaintiff-Appellant, v. DEPARTMENT OF VETERANS AFFAIRS and Anthony J. Principi, Secretary of Veterans Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2008.

Attorney(s) appearing for the Case

Bruce M. Spencer, Smith Law Firm, P.C., Helena, MT, for plaintiff-appellant William N. Weber, M.D.

William W. Mercer, Assistant United States Attorney, Great Falls, MT, for defendants-appellees Department of Veterans Affairs and Anthony. J. Principi, Secretary of Veterans Affairs.

Before: RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges, and LYLE E. STROM, District Judge.

STROM, District Judge:

Appellant Dr. William Weber ("Dr. Weber") appeals from the February 23, 2006, order of the United States District Court for the District of Montana denying his motion for summary judgment on his claim for back pay under the Back Pay Act, 5 U.S.C. § 5596, and granting appellees' motion to dismiss Dr. Weber's claim.

I. BACKGROUND

On October 1, 1997, Dr. Weber was appointed to the...

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