MACKEY v. UNITED STATES

No. 218-53.

142 F.Supp. 922 (1956)

Richard MACKEY v. The UNITED STATES.

United States Court of Claims.

June 5, 1956.


Attorney(s) appearing for the Case

O. R. McGuire, Washington, D. C., for plaintiff.

Edward L. Metzler, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., for defendant.

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


LARAMORE, Judge.

Plaintiff sues for an increase in retirement pay under the Career Compensation Act of 1949, 63 Stat. 802, 37 U.S.C.A. § 271 et seq.

Prior to entering on active duty with the Army, plaintiff, in April 1942, was given a physical examination. At that time an X-ray of his chest was negative. He entered on active duty June 16, 1942. While stationed at Fort Clark, Texas, he had a bad cold and was told that X-rays showed something on his lungs...

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