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WALLS v. U.S.

No. 2008-5179.

582 F.3d 1358 (2009)

Jeffrey G. WALLS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 29, 2009.

Attorney(s) appearing for the Case

Rebecca A. Koch, Kirkland & Ellis LLP, of Washington, DC, argued for plaintiff-appellant. With her on the brief was Colin R. Kass.

Kent Kiffner, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Jeanne E. Davidson, Director, Steven J. Gillingham, Assistant Director, and Douglas G. Edelschick, Trial Attorney. Of counsel on the brief was David W. Fink, Litigation Attorney, Office of the Judge Advocate General, United States Department of the Navy, of Washington, DC.

Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

Jeffrey G. Walls ("Walls") appeals from a judgment of the United States Court of Federal Claims. The Court of Federal Claims rejected Walls's contention that he was improperly transferred to the Fleet Reserve after his active duty service in the United States Navy, and rejected Walls's claim for back pay based on his allegedly improper transfer. The Court of Federal Claims also rejected Walls's alternative claim for back pay based on his alleged...

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