United States Federal Circuit

Because the Court of Federal Claims' inquiry into subject matter jurisdiction in Tucker Act cases is limited to a determination of whether the source of substantive law is money-mandating, the issue of the voluntariness of a plaintiff's separation from service is no longer a jurisdictional concern; rather, it is a part of the merits of a case brought under the Military Pay Act.

Appellate Information

• Decided 09/18/2006
• Published 09/18/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Gary R. Myers, of Weare, New Hampshire, argued for plaintiff-appellee., J. Reid Prouty, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   On the brief was Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, James M. Kinsella, Deputy Director, and Christian J. Moran, Attorney.   Of counsel was Charles Daniel Musselman, Jr., Air Force Legal Services Agency/JACL, of Arlington, Virgina.