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CUTRIGHT v. U.S.

Nos. 91-5031, 91-5044.

953 F.2d 619 (1992)

Marvin D. CUTRIGHT, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 5, 1992.

Suggestion for Rehearing Declined March 18, 1992.

Attorney(s) appearing for the Case

Paul Christian Hague, Meyer, Unkovic & Scott, Pittsburg, Pa., argued, for plaintiffs-appellants. With him on the brief was Frank G. Salpietro. Also on the brief was Brian G. Brunsvold, Finnegan, Henderson, Farabow, Garret & Dunner, Washington, D.C., of counsel.

Agnes M. Brown, Atty., Dept. of Justice, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant/cross-appellant. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director.

Before ARCHER, LOURIE and RADER, Circuit Judges.

Suggestion for Rehearing In Banc Declined March 18, 1992.

RADER, Circuit Judge.

Mr. Marvin Cutright, a retired court reporter, claims entitlement to, and seeks compensation for, leave he had not used at the time of his retirement. The United States Claims Court awarded Mr. Cutright leave benefits, but limited the award to 240 hours under 5 U.S.C. § 6304(a) (1988). Cutright v. United States, 21 Cl.Ct. 490, 496-97 (1990). Mr. Cutright appeals the...

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