WINFREE v. UNITED STATES

No. 48730.

113 F.Supp. 676 (1953)

WINFREE v. UNITED STATES.

United States Court of Claims.

July 13, 1953.


Attorney(s) appearing for the Case

Mahlon C. Masterson, Washington, D. C., for plaintiff. Burr Tracy Ansell and Ansell & Ansell, Washington, D. C., were on brief.

Laurence H. Axman, New York City, with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

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


HOWELL, Judge.

Plaintiff, a Colonel in the regular army, brings this action to recover the difference in pay between that actually received by him as a retired officer and that which he would have received had he remained on active duty for the period between February 1, 1942, and November 30, 1943.

There are two principal questions which we are called upon to decide. First, whether plaintiff's retirement orders were effectively revoked; second, if not, whether...

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