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Allyn v. United States

Citation: 2 ELR 20473
No. No. 98-66, 461 F.2d 810/4 ERC 1262/(Ct. Cl., 06/16/1972) aff'g Trial Comm'rs decision

The appeal of 99 quarantine inspectors stationed at various points of entry into the United States from a Trial Commissioner's decision denying both their claim for overtime pay and for hazardous duty pay is affirmed by the Court of Claims. The inspectors argued that they were entitled to hazardous duty pay under 5 U.S.C. §5545 (d), because the high concentrations of carbon monoxide to which they are exposed in the course of their employment are likely to cause disease or fatality. The Court of Claims adopts the opinion of the Trial Commissioner (excerpted at 1 ELR 20263) who found insufficient the causal connection between the inspectors exposure to high levels of CO and potential injury to their health.

Counsel for Plaintiffs
Jeffrey M. Glosser
1341 G Street, NW, Suite 921
Washington, D.C. 20005

Counsel for Defendant
L. Patrick Gray III Asst. Attorney General
Edward M. Jerum Attorney
Department of Justice
Washington, D.C. 20530

Before COWEN, Chief Judge, DURFEE, Senior Judge, DAVIS, SKELTON, NICHOLS, KASHIWA, and KUNZIG, Judges.