United States Federal Circuit

The Air Force Secretary lacked the authority to promise free and full medical care in the 1950's, under 5 U.S.C. section 301, in view of annual congressional appropriations for military medicine, thus military retiree compensation is controlled exclusively by statute and an action for breach of an implied-in-fact contract cannot lie.

Appellate Information

• Decided 11/18/2002
• Published 11/19/2002

Judges

• Before MAYER, Chief Judge, NEWMAN and MICHEL, Circuit Judges, PLAGER, Senior Circuit Judge, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• George E. Day,Day and Meade, P.A., of Ft. Walton Beach, FL, argued for plaintiffs-appellants.   With him on the brief was Timothy I. Meade.   Of counsel was Henry M. Holzer, of Santa Fe, NM., John A. Dragseth, Fish & Richardson, P.C., P.A., of Minneapolis, MN, for amici curiae Disabled American Veterans, et al.   With him on the brief was Richard J. Anderson., Jonathan S. Williams, of Goldsboro, NC, for amicus curiae The Alliance of Retired Military, etc.


• For Appellees:
  
• E. Roy Hawkens, Attorney, Appellate Staff, 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 Barbara C. Biddle, Attorney.