United States Federal Circuit

Because 5 U.S.C. section 5597 does not authorize appropriated funds for non-appropriated funds instrumentality separation pay, the non-appropriated funds doctrine bars jurisdiction over Army & Air Force Exchange Service retirees' claims.

Appellate Information

• Decided 09/12/2002
• Published 09/12/2002

Judges

• RADER, Circuit Judge., Before MAYER, Chief Judge, RADER, and SCHALL Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Genice A.G. Rabe, of Dallas, TX, argued for plaintiffs-appellants.


• For Appellees:
  
• Patricia M. McCarthy, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief was Captain J. Ricou Heaton, USAF, Trial Attorney, Employment Litigation Branch, Air Force Legal Services Agency, of Washington, DC.