McCOLL v. UNITED STATES

No. 137-56.

147 F.Supp. 494 (1957)

Joseph W. McCOLL, Jr. v. The UNITED STATES.

United States Court of Claims.

January 16, 1957.


Attorney(s) appearing for the Case

John D. Murphy, Washington, D. C., for plaintiff.

Francis J. Robinson, Arlington, D. C., with whom was George Cochran Doub, Asst. Atty. Gen., for defendant.

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


MADDEN, Judge.

The plaintiff is a rear admiral on the retired list of the United States Navy. He is receiving retired pay based upon the status of a rear admiral of the lower half. He claims, and here sues for, retired pay based upon the status of a rear admiral of the upper half.

The plaintiff enrolled in the United States Naval Reserve Force in April 1917, and entered on active duty in that same month. He was commissioned as an ensign in 1918, and served...

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