Larsen v. United States

This is a suit by four veterans’ preference eligible employees of the Veterans Administration seeking back pay on the allegation that the defendant violated their reduction-in-force preferential retention rights under section 12 of the Veterans’ Preference Act, as amended, 5 U.S.C. § 861. Defendant has not filed an answer to the petition, but has moved the court under Eule 51 for a summary judgment on the grounds that (1) section 12 of the Act, supra, does not apply to these plaintiffs and (2) that plaintiffs have already litigated this issue in a court of competent jurisdiction and under the…