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United States Federal Circuit


MCBRYDE v. US, 01-5146

A judge was not entitled, under 28 U.S.C. section 463, to recover the costs of pursuing a mandamus action, and the government's failure to pay such expenses does not violate the Compensation Clause of the U.S. Constitution.

Appellate Information

  • Decided 08/06/2002
  • Published 08/06/2002

Judges

  • Before NEWMAN, LOURIE and CLEVENGER, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • David Broiles,Wells Purcell & Kraatz, of Fort Worth, Texas, argued for plaintiff-appellant.   With him on the brief was Arnon D. Siegel, Robbins, Russell, Englert, Orseck & Untereiner LLP, of Washington, DC.

  • For Appellees:
  • Shalom Brilliant, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General and David M. Cohen, Director.
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