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EGAN v. UNITED STATES

No. 50031.

158 F.Supp. 377 (1958)

John J. EGAN v. UNITED STATES.

United States Court of Claims.

As Amended April 2, 1958.

Attorney(s) appearing for the Case

Rees B. Gillespie, Washington, D. C., for plaintiff.

Frances L. Nunn, Washington, D. C., with whom were Asst. Atty. Gen. George Cochran Daub and Acting Asst. Atty. Gen. George S. Leonard, for defendant.

LITTLETON, Judge.

This case is before the court on plaintiff's and defendant's motions for summary judgment under the second count of plaintiff's amended petition.1

This is an unusual case of mistaken identity and almost incredible negligence, as a result of which plaintiff, an officer in the United States Marine Corps Reserve, was denied his promotion to captain on March 1, 1943, was illegally and erroneously

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