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WALES v. UNITED STATES

No. 272-54.

130 F.Supp. 900 (1955)

Charles B. WALES, Plaintiff, v. The UNITED STATES, Defendant.

United States Court of Claims.

May 3, 1955.

Attorney(s) appearing for the Case

Guy Emery, Washington, D. C., for plaintiff. Ansell & Ansell, Washington, D. C., were on the briefs.

John R. Franklin, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

LITTLETON, Judge.

Plaintiff sues for the retired pay due to an army officer who has suffered permanent physical disability in line of duty. Both parties have filed motions for summary judgment.

After service as an enlisted man in World War I, plaintiff was appointed a second lieutenant in the Officers' Reserve Corps in 1923. From 1923 to 1941, plaintiff regularly engaged in the summer training periods applicable to Reserve officers. Plaintiff was called to...

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