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ANTONELLIS v. U.S.

No. 2012-5140.

723 F.3d 1328 (2013)

James ANTONELLIS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 18, 2013.

Attorney(s) appearing for the Case

Jeffrey A. Vogelman , Thomas, Ballenger, Vogelman & Turner, P.C., of Alexandria, VA, argued for plaintiff-appellant.

Lauren S. Moore , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Donald E. Kinner , Assistant Director.

Before DYK, BRYSON, and REYNA, Circuit Judges.

DYK, Circuit Judge.

James Antonellis, an officer in the United States Navy Reserve, appeals from a decision of the United States Court of Federal Claims ("Claims Court") dismissing his back pay claim for failure to state a claim upon which relief can be granted. See Antonellis v. United States, 106 Fed. Cl. 112 (2012). Antonellis alleged that he was entitled to back pay under the Military Pay Act, 37 U.S.C. § 206(a), because the Navy acted improperly in...

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