Vitkus

On April 13, 1979 the court entered the following order:

Before Davis, Judge, Presiding, Kashiwa, and Kunzig, Judges.

This civilian pay case comes before the court on the parties’ cross-motions for summary judgment. Edmund J. Vitkus (plaintiff) seeks reinstatement and back pay to his former position with the Internal Revenue Service (IRS). *624Plaintiff alleges that his retirement was coerced and the IRS abused its discretion in failing to allow him to withdraw his application before the effective date of his retirement. Defendant contends, however, that plaintiffs retirement was voluntary and the…