United States Federal Circuit

In an appeal from a judgment of the trial court granting the government summary adjudication on the ground that plaintiffs-National Guard members were not eligible, under 37 U.S.C. section 206, to receive compensation for time spent taking correspondence training courses, judgment is affirmed where the mandate rule did not bar consideration of the claim and because the trial court correctly found that none of the plaintiffs received the requisite written orders or authorizations in connection with any of the correspondence courses they took, thus placing none in a duty status necessary for federal payment.

Appellate Information

• Decided 08/29/2011
• Published 08/29/2011

Judges

• RADER

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• JERROLD J. GANZFRIED, DOUGLAS K. MICKLE