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SHARP v. UNITED STATES

No. W-328.

108 F.Supp. 745 (1952)

SHARP v. UNITED STATES.

United States District Court, D. Kansas.

December 31, 1952.

Attorney(s) appearing for the Case

Harrison Smith, Garden City, Kan., and William P. Thompson, Wichita, Kan., of Hershberger, Patterson, Jones & Thompson, Wichita, Kan., for plaintiff.

Holmes Baldridge, Asst. Atty. Gen., Irving Malchman, Attorney, Department of Justice, Washington, D. C., Eugene W. Davis, U. S. Atty., Topeka, Kan., and V. J. Bowersock, Asst. U. S. Atty., Wichita, Kan., for defendant.

MELLOTT, Chief Judge.

The basic issue before the court is whether plaintiff's annuity as a retired employee of the United States of America has been correctly computed. There is no controversy as to the facts.1 Motion to amend paragraph 3 of the complaint to allege that the claim is founded upon an act of Congress has been granted. Plaintiff exhausted his remedies of appeal before instituting suit and this court has jurisdiction.

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