CAMPBELL v. UNITED STATES

No. 512-52.

132 F.Supp. 225 (1955)

John C. CAMPBELL v. The UNITED STATES.

United States Court of Claims.

June 7, 1955.


Attorney(s) appearing for the Case

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

Laurence H. Axman, New York City, with whom was Asst. Atty. Gen. Warren E. Burger, for defendant.

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


LITTLETON, Judge.

Plaintiff sues for his retirement pay as a major, U. S. Army, which was suspended while he was employed by the United States Government in a civilian position.

The issue in this case now before the court is whether the Secretary of War approved the Army Retiring Board's finding that plaintiff was disabled as a result of an explosion of an instrumentality of war in line of duty, thereby exempting plaintiff's retired pay from the provisions...

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