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GIRAULT v. UNITED STATES

No. 50474.

135 F.Supp. 521 (1955)

Hunter Louis GIRAULT v. The UNITED STATES.

United States Court of Claims.

November 8, 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 Warren E. Burger, Asst. Atty. Gen., for defendant.

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

WHITAKER, Judge.

In our opinion filed April 5, 1955 in this case we held, 130 F.Supp. 343, that two documents, called to the attention of the Secretary of War after he had held that plaintiff was entitled to receive retired pay because incapacitated for active service, which incapacity he had held was an incident of his military service — we held that these two documents constituted newly discovered evidence, which authorized...

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