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CLARK v. U.S.

No. 2011-5003.

656 F.3d 1317 (2011)

William A. CLARK, James P. Davern, Robert E. Freeburg, Willie R. Johnson, Robert A. Mustin, Carol Risser, John Does 1-4, and Jane Does 2-3, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 29, 2011.

Attorney(s) appearing for the Case

Jerrold J. Ganzfried , Howrey, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was John F. Stanton. Of counsel on the brief was Steven L. Nicholas , Cunningham Bounds, LLC, of Mobile, Alabama.

Douglas K. Mickle , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Bryant G. Snee , Deputy Director. Of counsel on the brief were John G. Doyle , United States Army, Litigation Division, Military Personnel Branch, of Arlington, Virginia, John S. Goehring , United States Air Force, General Litigation Division, of Arlington, Virginia, and Maximino Gonzalez, Jr. , National Guard Bureau, Office of Chief Counsel, of Arlington, Virginia.

Before RADER, Chief Judge, PROST and O'MALLEY, Circuit Judges.

RADER, Chief Judge.

In a class action by National Guard members, the United States Court of Federal Claims found on summary judgment that plaintiffs were not eligible to receive compensation for time spent taking correspondence training courses under 37 U.S.C. § 206. Clark v. United States, 93 Fed.Cl. 756 (Fed.Cl.2010). Because the Court of Federal Claims correctly interpreted the scope of this court's mandate and properly granted summary judgment in favor...

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