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Legal Opinion

Summers v. United States

United States Court of Claims

Decided May 6, 1981No. 130-79CPublishedCited by 20 opinions

1Opinion of the CourtBennett, Judge

This civilian pay case is before us on cross-motions for summary judgment. Plaintiff seeks premium overtime pay lost through allegedly "unjustified or unwarranted” personnel actions within the meaning of the Back Pay Act, 5 U.S.C. § 5596 (1976) (amended 1978, 1979, 1980). We hold for plaintiff.

The material facts are not in dispute. Plaintiff is a former employee of the Immigration and Naturalization Service (INS). Effective June 10, 1970, he was assigned to the position of officer in charge of the San Luis Port of Entry, San Luis, Arizona. This position involved overtime work and plaintiffs…

2Cases cited10 opinions

  1. Grover v. United StatesUnited States Court of Claims · 1973
  2. Gratehouse v. United StatesUnited States Court of Claims · 1975
  3. Morelli v. United StatesUnited States Court of Claims · 1966
  4. Boyle v. United StatesUnited States Court of Claims · 1975
  5. Jankowitz v. United StatesUnited States Court of Claims · 1976

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3Cited by20 opinions

  1. Daryl C. McClary v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  2. Fucik v. United StatesUnited States Court of Claims · 1981
  3. Dancy v. United StatesUnited States Court of Claims · 1982
  4. Daniel J. Wells v. Federal Aviation AdministrationCourt of Appeals for the Eleventh Circuit · 1985
  5. Edward Richardson and Lorenzo Mosely v. United States Customs ServiceCourt of Appeals for the Federal Circuit · 1995

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