Schulthess v. United States

694 F.2d 175 Francisco SCHULTHESS, Plaintiff-Appellant, v. UNITED STATES of America, Alan Campbell, Director of the Civil Service Commission, the Civil Service Commission, Elmber B. Staats, Comptroller General of the United States, Defendants- Appellees. No. 81-4561. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1982. Decided Dec. 6, 1982. Beatrice Taines, Walnut Creek, Cal., argued, for plaintiff-appellant; Micahel Wing Jone Hu, San Francisco, Cal., on brief. Sandra L. Willis, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before BROWNING, PREGERSON and POOLE, Circuit Judges. POOLE, Circuit Judge: 1 Appellant Francisco Schulthess, a retired employee of the United States government, appeals from the district court's order dismissing his action against the United States, the Civil Service Commission and its director, and the Comptroller General of the United States ("the government") for an award of back pay and a corresponding adjustment of his civil service retirement annuity. The district court granted the government's motion to dismiss on the ground that…