JONES, Chief Judge.
Plaintiff sues for retired pay equal to three-fourths of the active-duty pay of a commander in the United States Navy credited with the plaintiff's length of service, less retired pay already received, for the period from June 29, 1948, to date of judgment. Both parties have moved for summary judgment.
Plaintiff bases his action primarily on section 412(a) of the Officer Personnel Act, of 1947, 61 Stat. 874, 34 U.S.C.A. § 410n, which...
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