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CLARY v. U.S.

No. 02-5133.

333 F.3d 1345 (2003)

Robert W. CLARY, Jr., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 24, 2003.

Attorney(s) appearing for the Case

William E. Cassara, of Evans, GA, argued for plaintiff-appellee.

Patrick T. Murphy, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Robert E. McCallum, Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel was Lt. Warren A. Record, Attorney, Department of the Navy, of Washington, DC.

Before BRYSON, GAJARSA, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA. Concurring-in-part and dissenting-in-part opinion filed by Circuit Judge BRYSON.

GAJARSA, Circuit Judge.

In the present action, the United States appeals an order of the Court of Federal Claims ruling that Robert W. Clary, Jr. was illegally discharged from military service; correcting Mr. Clary's record to show that he was retired under 10 U.S.C. § 1186(b)(1); and granting Mr. Clary back pay and interest...

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