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TATO v. UNITED STATES

No. 139-54.

145 F.Supp. 932 (1956)

John TATO v. The UNITED STATES.

United States Court of Claims.

November 7, 1956.

Attorney(s) appearing for the Case

Fred W. Shields, Washington, D. C., for plaintiff. Calvin H. Childress and Thomas M. Gittings, Jr., Washington, D. C., were on the briefs.

Sondra K. Slade, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

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

WHITAKER, Judge.

Plaintiff, after his retirement in 1948, was employed in a civilian capacity by the Commissioned Officers Mess, United States Naval Air Station, San Diego, California, at a salary in excess of $3,000 per annum. The Comptroller General held that he came within the provisions of section 212 of the Economy Act of June 30, 1932, 47 Stat. 382, 406, 5 U.S. C.A. § 59a, which prohibited a "commissioned officer" from drawing retired pay so long as he...

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