LEVADI v. UNITED STATES

No. 431-55.

146 F.Supp. 455 (1956)

Solomon S. LEVADI v. The UNITED STATES.

United States Court of Claims.

December 5, 1956.


Attorney(s) appearing for the Case

Meyer Goldberg, Chicago, Ill., for plaintiff. Leonard L. Levin, Chicago, Ill., was on the brief.

John R. Franklin, 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.

This is another case involving the proper application of the statute of limitations, 28 U.S.C.A. § 2501, to the claim of an Army officer, who claims that he had been erroneously denied the right to retirement for physical disability and, therefore, to retired pay.

This question has been heretofore considered by the court in several recent cases, to wit: Rosnick v. United States,

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