Phillips v. United States

This pay case, which was submitted without oral argument, is before the court on cross-motions for summary judgment (the defendant’s motion is for partial judgment). There is no dispute as to the facts. In a prior action, which came to it from the Northern District of West Virginia, the Court of Appeals for the Fourth Circuit held that Mr. Phillips, a civil servant, had been improperly removed from his federal post and directed his reinstatement. Phillips v. Bergland, 586 F.2d 1007 (1978). Thereafter, on remand, the District Court ordered plaintiff reinstated and referred the issue of back…