ALMOUR v. PACE

No. 10295.

193 F.2d 699 (1951)

ALMOUR v. PACE, Secretary of the Army.

United States Court of Appeals District of Columbia Circuit.

Decided November 23, 1951.


Attorney(s) appearing for the Case

Abraham Kaufman, of the Bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of Court, with whom F. Cleveland Hedrick, Jr., Washington, D. C., was on the brief, for appellant.

Joseph A. Lowther, Atty., Department of Justice, Washington, D. C., with whom Asst. Atty. Gen. H. G. Morison, George Morris Fay, U. S. Atty. at the time the brief was filed, and Thomas E. Walsh, Atty., Department of Justice, Washington, D. C., were on the brief, for appellee. Charles M. Irelan, appointed U. S. Atty. subsequent to the argument in this case, and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., also entered appearances for appellee.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.


WASHINGTON, Circuit Judge.

This appeal arises from the dismissal of a suit brought by a former Army officer to obtain retirement with pay, and involves the question whether the suit abates upon the officer's death.

In his complaint, brought in the United States District Court for the District of Columbia, Captain Henry I. Almour alleged that he was injured in military service on February 21, 1943. He further alleged...

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