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LEONARD v. UNITED STATES

No. 499-53.

128 F.Supp. 957 (1955)

William A. LEONARD v. The UNITED STATES.

United States Court of Claims.

March 1, 1955.

Attorney(s) appearing for the Case

Thomas H. King, Washington, D. C., for plaintiff. John H. Coffman and F. O. Willenbucher, Washington, D. C., were on the brief.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen., Warren E. Burger, for defendant.

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

JONES, Chief Judge.

Plaintiff who is drawing disability retired pay upon the basis of the rank of lieutenant commander, seeks retired pay based upon the rank of commander, with back pay to the time of retirement in an amount equal to the difference in the two rates.

While serving on active duty as a lieutenant commander plaintiff was notified by an undated letter sent pursuant to ND Bulletin of 29 February 1949 that he had been selected for promotion to the...

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