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United States Federal Circuit


CLARY v. US, 02-5133

The Court of Federal Claims correctly determined plaintiff was entitled to retire from the military under 10 U.S.C. section 1186(b)(1), but incorrectly granted him interest for the period between his separation and the time he was placed on retirement.

Appellate Information

  • Decided 06/24/2003
  • Published 06/24/2003

Judges

  • Before BRYSON, GAJARSA, and DYK, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellees:
  • William E. Cassara, of Evans, GA, argued for plaintiff-appellee., Patrick T. Murphy, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Robert E. McCallum, Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel was Lt. Warren A. Record, Attorney, Department of the Navy, of Washington, DC.
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