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UNITED STATES v. DISMUKE

No. 7675.

76 F.2d 715 (1935)

UNITED STATES v. DISMUKE.

Circuit Court of Appeals, Fifth Circuit.

April 19, 1935.

Attorney(s) appearing for the Case

William S. Ward, Atty., Department of Justice, of Washington, D. C., Geo. C. Sweeney, Asst. Atty. Gen., and T. Hoyt Davis, U. S. Atty., and H. G. Rawls, Asst. U. S. Atty., both of Macon, Ga.

W. A. Bootle, of Macon, Ga., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was brought under the Tucker Act (28 USCA § 41 (20), to recover amounts claimed to be due plaintiff for accrued monthly installments on a civil service annuity under chapter 101, § 8 (a), Act of June 16, 1933, 48 Stat. 305, USCA, title 5, § 692d, and for a declaratory judgment as to future installments.1

The complaint was that, though plaintiff had made his application as required...

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