Legal Opinion
Charles Roger Absher v. The United States
Court of Appeals for the Federal Circuit
Decided November 14, 1986No. Appeal 86-885PublishedCited by 15 opinions
1Per curiam
DECISION
This is an appeal from a decision of the United States Claims Court (Margolis, J.) granting defendant’s motion for summary judgment and denying plaintiffs’ cross-motion for summary judgment. 9 Cl.Ct. 223 (1985). We affirm.
BACKGROUND
Plaintiffs-appellants are 2,048 disabled military retirees entitled to receive longevity retired pay and who also qualify for disability compensation from the Veterans Administration (VA). However, pursuant to 38 U.S.C. §§ 3104-3105 (1982) they are precluded from receiving both at the same time. Rather, each is required to waive retired pay equal in amount…
2Cases cited7 opinions
- F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
- United States Railroad Retirement Board v. FritzSupreme Court of the United States · 1981
- Puglisi v. United StatesUnited States Court of Claims · 1977
- First National Bank v. United StatesUnited States Court of Claims · 1978
- Bailey v. United StatesUnited States Court of Claims · 1975
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3Cited by15 opinions
- Vision Mining, Inc. v. GardnerKentucky Supreme Court · 2011
- Boyer v. United StatesUnited States Court of Federal Claims · 2008
- Ignacio Noguera v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1989
- McCord v. United StatesCourt of Appeals for the Federal Circuit · 2019
- Todd Shipyards Corp. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1988
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