Paalan v. United States

Type

Opinion of the Court

Author

Alan David Lourie

Filed

Aug. 2, 2002

Case

Paalan v. United States

Case status

Decided

The first passage of the document, as extracted by the source provider.

*495 ON MOTION LOURIE, Circuit Judge. ORDER The United States moves to dismiss Michael P. Paalan’s appeal because he has appealed from a nonfinal order. Paalan opposes. Paalan filed a complaint in the United States Court of Federal Claims alleging four claims for military back pay and other compensation pursuant to different theories based on various statutory, regulatory and constitutional provisions, and a claim for compensation for alleged takings under the Fifth Amendment. The United States moved to dismiss and Paalan moved for summary judgment and discovery. On March 4, 2002, the trial court granted the United States’ motion to dismiss in part and denied it in part, denied Paalan’s motion for summary judgment, and granted Paalan’s motion for discovery in part. The trial court concluded, in part: Because [the United States’] motion to dismiss is granted only in part, [Paal-an’s] claims survive as follows: (1) whether plaintiff received military pay pursuant to 37 U.S.C. § 204 (a)(1) and DODPM § 10317(d) between October 11, 1995, and November 28, 1995; and (2) whether the Government’s continued retention of plaintiffs personal property, with the exception of his gun and ammuniti…

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