GARBACZ v. UNITED STATES

No. 294-79C.

656 F.2d 628 (1981)

Michael L. GARBACZ, et al. v. The UNITED STATES.

United States Court of Claims.

July 29, 1981.


Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., attorney of record, for plaintiffs; Irving Kator, Washington, D. C., of counsel.

Robert E. Richardson, Washington, D.C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant; Sara Najjar, National Aeronautics and Space Administration, Washington, D. C., of counsel.

Before SKELTON, Senior Judge, and KASHIWA and BENNETT, Judges.


ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge:

This case is before the court on cross motions for summary judgment. There is no genuine issue of material fact. We hold in defendant's favor after hearing oral argument.

Prior to November 1974, the plaintiffs, Michael L. Garbacz, Earl W. Glahn, and Jules Lehmann, were all serving in the grade of GS-16 in the competitive Civil Service with...

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