JOHNSTON v. UNITED STATES

No. 4948.

139 F.Supp. 758 (1956)

James E. JOHNSTON v. The UNITED STATES.

United States Court of Claims.

April 3, 1956.


Attorney(s) appearing for the Case

Guy Emery, Washington, D. C., for plaintiff. Ansell & Ansell, Washington, D. C., were on the briefs.

Frances X. Daly, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for the defendant.

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


MADDEN, Judge.

The plaintiff sues for flight pay, i. e., the 50 percent which he says should have been added to his pay as an officer, for the period December 1, 1947 to February 28, 1949. His military career is recounted in detail in our findings of fact. Only those parts of it immediately relevant to the discussion will be given in this opinion.

In January 1941, the plaintiff held a commission in the Field Artillery Reserve. He was in that month called to...

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