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HAMRICK v. UNITED STATES

No. 49496.

96 F.Supp. 940 (1951)

HAMRICK v. UNITED STATES.

United States Court of Claims.

May 1, 1951.

Attorney(s) appearing for the Case

Warren E. Miller, Washington, D. C., for plaintiff. Gene R. Arnold, Bethesda, Md., and Frederick Bernays Wiener, Washington, D. C., were on the briefs.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. Newell A. Clapp, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

JONES, Chief Judge.

Plaintiff, a naval reserve officer on active duty, was found by a Naval Retiring Board to be permanently incapacitated for active naval service by reason of diabetes mellitus. The retiring board found that this incapacity existed before he entered the Navy. As a result of the retiring board's decision plaintiff was released from active duty without pay on February 10, 1946, although the proceedings and findings of the board were not approved by...

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