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CARLIN v. UNITED STATES

No. 49489.

100 F.Supp. 451 (1951)

CARLIN v. UNITED STATES.

United States Court of Claims.

October 2, 1951.

Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., Irwin Geiger, Washington, D. C., on the brief, for plaintiff.

LeRoy Southmayd, Jr., Washington, D. C., Holmes Baldridge, Asst. Atty. Gen., for defendant.

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

LITTLETON, Judge.

The plaintiff, a Reserve Army officer, sues to recover disability retirement pay of a Major, U. S. Army, from and after July 28, 1945, on the ground that he was certified by the Secretary of War to the Veterans' Administration for disability retirement pay, which certification was subsequently revoked. Plaintiff contends the certification by the Secretary of War exhausted his power with respect to plaintiff's status, and constituted a final order...

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