McCARL v. MIGUEL

No. 5871.

66 F.2d 564 (1933)

McCARL, Comptroller General, et al. v. MIGUEL.

Court of Appeals of the District of Columbia.

Decided June 26, 1933.


Attorney(s) appearing for the Case

Leo A. Rover, John W. Fihelly, R. L. Golze, and Harrell O. Hoagland, all of Washington, D. C., for appellant Comptroller General.

Samuel T. Ansell, Burr Tracy Ansell, and George M. Wilmeth, all of Washington, D. C., for appellee.

William A. Graham and Archibald King, Judges Advocate, U. S. Army, both of Washington, D. C., amici curiæ, for Secretary of War.

Before MARTIN, Chief Justice, and VAN ORSDEL, HITZ, and GRONER, Associate Justices.


GRONER, Associate Justice.

Appellee, after more than thirty years' service in the Philippine Scouts, was retired as master sergeant pursuant to special orders No. 207 of the War Department, dated September 3, 1931, as follows:

"35. Master Sergeant Santos Miguel, R-320883, Service Company, 45th Infantry (PS), will be placed on the retired list at Fort William McKinley, P. I., effective October 31, 1931, and will be sent to his home. The travel directed is necessary...

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