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United States Federal Circuit


AGWIAK v. US, 02-5184

The Court of Federal Claims' decision that the plaintiffs were not entitled to per diem compensation is affirmed where an agency can designate a station as a permanent duty station, even if an employee is assigned to it for only a short period, so long as the employee is not assigned to another permanent duty station. Remote duty pay decision is vacated and remanded.

Appellate Information

  • Decided 10/30/2003
  • Published 10/30/2003

Judges

  • DYK, Circuit Judge., Before MICHEL, DYK and PROST, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • David H. Shoup,Tindall Bennett & Shoup, of Anchorage, AK, argued for plaintiffs-appellants.

  • For Appellees:
  • Elizabeth G. Candler, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were David M. Cohen, Director;  and Kathryn A. Bleecker, Assistant Director.
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