United States Federal Circuit

The Court of Federal Claims erred in holding that, as a matter of law, The Tucker Act, 37 U.S.C. section 206(d) bars plaintiff's claim for compensation under 37 U.S.C. - 206(a), for his time spent completing mandatory correspondence courses as a member of the National Guard.

Appellate Information

• Decided 03/18/2003
• Published 03/18/2003

Judges

• SCHALL, Circuit Judge., Before RADER, SCHALL, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles J. Cooper,Cooper & Kirk, P.L.L.C., of Washington, DC, argued for plaintiff-appellant.   With him on the brief was Hamish P.M. Hume. Also on the brief were Helen K. Michael and Robert Shulman, Howrey Simon Arnold & White, L.L.P., of Washington, DC;  and Richard T. Dorman, Cunningham, Bounds, Yance, Crowder & Brown, LLC, of Mobile, Alabama.   Of counsel was Victor J. Miller, Howrey Simon Arnold & White, L.L.P.


• For Appellees:
  
• John S. Groat, Attorney, 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;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief were Captain Andrew M. Leblanc, Department of the Air Force, and Major Joe Fetterman, Department of the Army. Of counsel were Captain Steven D. Bryant, Army Legal Services Agency, of Arlington, Virginia;  Major Scott Reid, Department of the Army;  and Joseph C. Wendlberger, Department of the Air Force.