MILLAN v. UNITED STATES

No. 182-54.

153 F.Supp. 370 (1957)

Rafael San MILLAN, Jr., v. The UNITED STATES.

United States Court of Claims.

July 12, 1957.


Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., Geiger & Harmel, Washington, D. C., on the briefs, for plaintiff.

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

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


LITTLETON, Judge.

Plaintiff brings suit to recover disability retired pay of which plaintiff alleges he was deprived by the arbitrary actions of the Department of the Army.

Plaintiff contends that on the facts established by the record in this case, he had become totally and permanently incapacitated for active duty by reason of a disability incurred as an incident of his active military service and was therefore entitled to disability retirement and pay at...

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