Adair v. United States

In these five consolidated pay cases,1 plaintiffs are some 220 Public Health Service (PHS) physicians who claim *346entitlement to so-called "variable incentive pay” (VIP) under 37 U.S.C. §313 (1976). The Government, relying on United States v. Testan (Testan)2 contends that we lack jurisdiction to entertain this suit because of plaintiffs’ failure to show any substantive right to receive money presently due. Plaintiffs rejoin by labeling the Government’s contention as a "rather extravagant reading of Testan.” Arguing that the regulations which excluded them from receiving VIP are inconsistent…