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UPDIKE v. UNITED STATES

No. 378-54.

132 F.Supp. 957 (1955)

Furman H. UPDIKE v. The UNITED STATES.

United States Court of Claims.

July 12, 1955.

Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., for plaintiff. Geiger & Harmel, Washington, D. C., were on the briefs.

LeRoy Southmayd, Jr., 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.

WHITAKER, Judge.

This case is before the court on plaintiff's motion for judgment on the pleadings and defendant's motion for summary judgment.

Plaintiff's petition alleges that he enlisted in the Army of the United States on October 15, 1942, and by April 14, 1943, had attained the rank of major; that a portion of his active service was performed in the tropical jungles of India, Burma, Siam, and Malaya; that in 1947, while stationed in Japan, he began

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