RICE v. UNITED STATES

No. 312-54.

133 F.Supp. 392 (1955)

Martin R. RICE v. The UNITED STATES.

United States Court of Claims.

July 12, 1955.


Attorney(s) appearing for the Case

Burr Tracy Ansell, Washington, D. C., for plaintiff.

Heber H. Rice and Ansell & Ansell, Washington, D. C., were on the brief.

Frances L. Nunn, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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


MADDEN, Judge.

The plaintiff sues for the higher retirement pay to which, he claims, he is entitled because, once having been retired for a service-incurred disability, he was later recalled to active service and in that service incurred another disability.

The plaintiff was commissioned as a second lieutenant in the Regular Army in 1917. He served on active duty until July 3, 1922, when, having attained the rank of captain, he was retired for the physical...

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