Athey v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
Schall, Circuit Judge.
Robert M. Athey, Michael R. Clayton, Thelma R. Curry, Richard S. Droske, Ralph L. Fullwood, Paul D. Ising, Charles A. Milbrandt, and Troy E. Page ("Appellants") are former employees of the Department of Veterans Affairs ("VA"). Appellants were employed by the VA under title 38 of the United States Code. During the period from 1993 through 1999, Appellants retired or separated from their positions with the VA with accrued but unused leave.
The Lump Sum Pay Act ("LSPA"), 5 U.S.C. §§ 5551 - 5552, which covers Appellants, provides that an employee "who is separated from the…
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