United States Federal Circuit

Summary judgment in favor of the government on a claim brought by a former dual status National Guard technician that the government violated the Equal Pay Act is vacated where the claims court erred in determining that plaintiff was not a federal civilian employee for purposes of the Equal Pay Act. Dismissal of a claim of retaliation under the Fair Labor Standards Act (FLSA) for lack of subject matter jurisdiction is affirmed.

Appellate Information

• Decided 05/08/2006
• Published 05/08/2006

Judges

• LOURIE, Circuit Judge., Before LOURIE, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael O. Crain, Crain & Davis, LLC, of Athens, Georgia, argued for plaintiff-appellant.   With him on the brief was Kesler T. Roberts, of Athens, Georgia.


• For Appellees:
  
• Thomas D. Dinackus, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director.