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JOHNSON v. UNITED STATES

No. 494-55.

149 F.Supp. 648 (1957)

Rhea Smithson JOHNSON v. The UNITED STATES.

United States Court of Claims.

April 3, 1957.

Attorney(s) appearing for the Case

Rhea Smithson Johnson pro se.

Thomas J. Lydon, Washington, D. C., with whom was George Cochran Doub, Asst. Atty. Gen., for defendant. Richard E. Watson, North Kansas City, Mo., was on the brief.

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

JONES, Chief Judge.

This is a suit for disability retirement pay by plaintiff, a former officer in the United States Air Force. The plaintiff was released to inactive duty on December 9, 1951. He claims retirement pay from that date.

Plaintiff relies upon section 402(b) of Title IV of the Career Compensation Act of 1949, 37 U.S.C.A. § 272(b), which stipulates that upon the determination of the Secretary concerned that a member of a regular component of...

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