United States Federal Circuit

In an action brought by current or former Federal Aviation Administration air traffic controllers seeking to recover pay lost due to the government-s failure to provide them with a pay increase when they transferred to higher level airport facilities, dismissal of their complaint for lack of jurisdiction is affirmed where, although the trial court had jurisdiction over the claim, plaintiffs failed to state a claim for which relief could be granted.

Appellate Information

• Decided 04/12/2007
• Published 04/12/2007

Judges

• BRYSON, Circuit Judge., Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Malcolm S. Young, Thompson Hine LLP, of Cincinnati, Ohio, argued for plaintiffs-appellants.


• For Appellees:
  
• Joan M. Stentiford, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director.