CONSTANTINE v. UNITED STATES

No. 50430.

130 F.Supp. 630 (1955)

Edwin Buell CONSTANTINE, Jr., v. The UNITED STATES.

United States Court of Claims.

May 3, 1955.


Attorney(s) appearing for the Case

Abraham B. Hertz, New York City, for plaintiff.

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.

This is a suit by a permanent lieutenant in the United States Naval Reserve to recover retired pay. He bases his claim on a finding of a Board of Medical Survey of the United States Navy on July 17, 1945, which found that he was unfit for service by reason of "psychoneurosis, anxiety," and that his condition was incurred in line of duty, and recommended that he be ordered before a Naval Retiring Board.

This recommendation, however, was disapproved...

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