William J. Heaphy, Plaintiff-appellant, v. United States, Defendant-appellee, 972 F.2d 1355 (Fed. Cir. 1992)

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US Court of Appeals for the Federal Circuit - 972 F.2d 1355 (Fed. Cir. 1992) June 22, 1992. Rehearing Denied Aug. 27, 1992. Suggestion for Rehearing In Banc Declined Oct. 8, 1992

Before MAYER, MICHEL and PLAGER, Circuit Judges.

PER CURIAM.


The decision of the United States Claims Court, No. 401-83C, reported at 23 Cl.Ct. 697 (1991), dismissing the appeal for lack of jurisdiction is affirmed, on the basis of the carefully considered opinion of Judge Horn. We agree that Plaintiff-Appellant's retirement was indeed "voluntary" within the meaning of our case law, and accordingly the Claims Court was correct in holding that Samnt v. United States, 780 F.2d 31 (Fed. Cir. 1985), controls the disposition of this appeal.

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