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APPELL v. UNITED STATES

No. 48948.

120 F.Supp. 772 (1954)

APPELL v. UNITED STATES.

United States Court of Claims.

May 4, 1954.

Attorney(s) appearing for the Case

Monroe Oppenheimer, Washington, D. C., for plaintiff.

Francis X. Daly, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

MADDEN, Judge.

Our Finding No. 3 in this case is, in part, as follows:

"3. By direction of the President under authority contained in Public Resolution No. 96, 76th Congress, approved August 27, 1940, the plaintiff was ordered to active duty effective December 2, 1940. This order provided in part as follows: "On that date [December 2, 1940] he [plaintiff] will proceed without delay from his home to Fort Devens, Mass., reporting in person upon arrival...

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