Passaro v. United States

OPINION

SETO, Judge.

This military pay case is currently before the court on defendant’s motion for reconsideration of the court’s previous opinion on cross motions for summary judgment. 4 Cl.Ct. 395 (1984) (“Possaro I”). Defendant moves the court to reconsider its ruling that the court properly has jurisdiction of the case. The motion has been fully briefed by the parties, and oral arguments have been heard.

The facts of this case and the background of the relevant legislation are set forth more fully in Possaro I, which in turn relied heavily on the Court of Claims decision in Barber v. United…