RANDOLPH v. UNITED STATES

No. 11761.

158 F.2d 787 (1946)

RANDOLPH v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1946.


Attorney(s) appearing for the Case

Paul Strong, of Houston, Tex., for appellant.

Searcy L. Johnson, Sp. Asst. to Atty. Gen., and Brian S. Odem, U. S. Atty., and Newton M. Crain, Jr., Asst. U. S. Atty., both of Houston, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


PER CURIAM.

Appellant suing under the Tucker Act, 28 U.S.C.A. § 41(20), to recover disability retirement pay, claimed to be due him as a Lieutenant Colonel in the Army under Section 456, Title 10 U.S.C.A., was met by a motion to dismiss for want of jurisdiction.

The District Judge sustained the motion, and, on the authority of United States v. Beaman, 5 Cir., 61 F.2d 493, Morgan v. United States, 5 Cir.,

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