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HEDDEN v. UNITED STATES

No. 156-55.

153 F.Supp. 459 (1957)

Willis A. HEDDEN v. The UNITED STATES.

United States Court of Claims.

July 12, 1957.

Attorney(s) appearing for the Case

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

JONES, Chief Judge.

The plaintiff, a retired regular Army officer, sues to recover increased retired pay which is due him if his active duty training as a member of the Indiana National Guard prior to 1916 is includible in the computation of his "active service" under section 511 of the Career Compensation Act of 1949, 63 Stat. 829, as amended, 37 U.S.C.A. § 311. Both parties have moved for summary judgment.

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