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B-195046 1 (1980-09-29)

handle is hein.gao/gaobacuse0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B-195046 September 29, 1980 Marsha D. Peterson, Esquire Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Subject: Norman Summers v. United States t. Cl. No. 130-79C Dear Mr. Peterson: This responds to your letters of September 4 and 24, 1980, reference MDPeterson:aft, 154-130-79C, as well as our telephone conversation of September 16, 1980, regarding the above-captioned action. We find no grounds for the application of our Turner-Caldwell line of cases in this matter since plaintiff was detailed to a lower grade position, not a higher grade position. Although in .Turner-Caldwell cases the details involved are considered illegal in that they are in violation of Civil Service Commission regulations regarding details beyond 120 days, this technical error did not act to terminate the details. On the contrary, because the details continued beyond 120 days in violation of applicable regulations, the persons who had been so detailed became eligible for the salary of the higher grade position to which they had been detailed. Plaintiff in Summers on the other hand contends that because his detail was illegal, i.e., that it lasted beyond 120 days, he is entitled to the overtime he would have received but for the detail in his appointed position of Officer-in-Charge of the Port of Entry at San Luis, Arizona. Since in Turner-Caldwell cases details continued beyond 120 days in spite of CSC regulations, <1II Z 2,1f

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