United States Ninth Circuit

In an action brought by a former radiologist at a VA facility raising a claim for back pay under the Back Pay Act (BPA), dismissal of the claim is vacated and remanded where the district court lacked jurisdiction under either the APA or the BPA to adjudicate his claim for back pay.

Appellate Information

• Argued 10/19/2007
• Decided 01/15/2008
• Published 01/15/2008

Judges

• STROM, District Judge:, Before:  RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges, and LYLE E. STROM, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bruce M. Spencer, Smith Law Firm, P.C., Helena, MT, for plaintiff-appellant William N. Weber, M.D.


• For Appellees:
  
• William W. Mercer, Assistant United States Attorney, Great Falls, MT, for defendants-appellees Department of Veterans Affairs and Anthony J. Principi, Secretary of Veterans Affairs.