Read TODD v. US, 03-5120

Plaintiffs' suit for back pay is dismissed where they do not have a claim for presently due money damages since they have not yet received a retroactive promotion.

Appellate Information

• Decided 10/05/2004
• Published 10/05/2004

Judges

• RADER, Circuit Judge., Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• George M. Chuzi, Kalijarvi, Chuzi & Newman, P.C., of Washington, DC, argued for plaintiffs-appellants., William W. Osborne, Jr., Osborne Law Offices, P.C., of Washington, DC, for amici curiae.


• For Appellees:
  
• Thomas D. Dinackus, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Brian M. Simkin, Assistant Director.   Of counsel on the brief was Peter J. Hannums, Senior Attorney, Federal Aviation Administration, of Washington, DC.