KEARNEY v. UNITED STATES

No. 1-55.

156 F.Supp. 928 (1957)

John M. KEARNEY v. UNITED STATES.

United States Court of Claims.

December 4, 1957.


Attorney(s) appearing for the Case

Robert T. S. Colby, Washington, D. C., for plaintiff. Dale Jernberg, Washington, D. C., was on the brief.

John R. Franklin, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.


MADDEN, Judge.

The plaintiff sues for retired pay as a former officer of the Marine Corps. The Government moves for a summary judgment on the ground that there is no genuine issue as to any material fact and that, as a matter of law, the plaintiff is not entitled to judgment.

The plaintiff enlisted in the Naval Reserve in September 1942. After a prescribed course as an aviation cadet the plaintiff was, on February 18, 1944, commissioned as a second lieutenant...

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