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GIRAULT v. UNITED STATES

No. 50474.

130 F.Supp. 343 (1955)

Hunter Louis GIRAULT v. The UNITED STATES.

United States Court of Claims.

April 5, 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.

Plaintiff sues for the retired pay allowed him by the Secretary of War on review of the action of the Retiring Board. This action of the Secretary of War was later rescinded by him and plaintiff was denied further retired pay.

Plaintiff says that once the Secretary of War had put him on the retired list, he was without power to revoke his action and deny him further retired pay. He also says that the subsequent action of the Retiring Board...

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