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WALLER v. UNITED STATES

No. 10179.

180 F.2d 194 (1950)

WALLER v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided January 16, 1950.

Attorney(s) appearing for the Case

Mr. Thomas H. Patterson, Washington, D. C., with whom Mr. Marcus Borchardt, Washington, D. C., was on the brief, for appellant.

Mr. Irving L. Axelrad, Special Assistant to the Attorney General, of the Bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. George Morris Fay, United States Attorney, Washington, D. C., Ellis N. Slack and Robert N. Anderson, Special Assistants to the Attorney General, were on the brief, for appellee. Mr. Joseph M. Howard, Assistant United States Attorney, Washington, D. C., also entered an appearance for appellee.

Before PRETTYMAN, FAHY, and BAZELON, Circuit Judges.

FAHY, Circuit Judge.

The question is whether the appellant is entitled to an exemption from federal income tax on his retirement pay. The facts are undisputed. Appellant was a commissioned officer of the Regular Corps of the United States Public Health Service. He was on active duty from March 14, 1914, to April 1, 1940, when he was retired at the age of 53 years for physical disabilities previously incurred in line of duty...

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