Free Notice of Additional Authority - District Court of Federal Claims - federal

Case 1:00-cv-00644-NBF

Document 120

Filed 01/11/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WILLIAM A. CLARK, et. al., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 00-644 (Chief Judge Damich)

DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY On January 6, 2006, the President of the United States signed into law the 2006 National Defense Authorization Act ("NDAA").1 In section 604 of the NDAA, Congress set forth clarifying language regarding section 206(d) of Title 37. Section 604 of the 2006 NDAA states the following: SEC 604. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR CORRESPONDENCE COURSES. Section 206(d)(1) of Title 37, United States Code, is amended by inserting after `reserve component' the following: `or by a member of the National Guard while not in Federal service'. An extract from the NDAA (H.R. 1815), as well as an extract of the accompanying conference report (Report 109-360), are attached to this pleading as exhibits.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ James M. Kinsella JAMES M. KINSELLA Deputy Director The Senate approved the NDAA of 2006 on December 21, 2005, and the House of Representatives approved it on December 19, 2005.
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Case 1:00-cv-00644-NBF

Document 120

Filed 01/11/2006

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OF COUNSEL: LT. COL. JOSEPH FETTERMAN MAJOR CHRIS SOUCIE United States Army Litigation Division Arlington, VA 22203-1837 LT. COL. JOSEPH WENDLBERGER United States Air Force General Litigation Division MAJOR CHRIS BROWN National Guard Bureau Office of Chief Counsel

s/ Douglas K. Mickle DOUGLAS K. MICKLE Trial Attorney National Courts Commercial Litigation Branch Civil Division United States Department of Justice Washington, D.C. 20530 Tel. (202) 353-7961 Fax (202) 353-7988

Attorneys for Defendant January 11, 2006

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Case 1:00-cv-00644-NBF

Document 120

Filed 01/11/2006

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on January 11, 2006, a copy of the foregoing "DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY" with its accompanying appendix was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Douglas K. Mickle Douglas K. Mickle