NERI v. UNITED STATES

No. 81-58.

171 F.Supp. 940 (1959)

Frank D. NERI v. UNITED STATES.

United States Court of Claims.

April 8, 1959.


Attorney(s) appearing for the Case

Harry E. Wood, Washington, D. C., for plaintiff. Emery & Wood, Washington, D. C., were on the briefs.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.


MADDEN, Judge.

The plaintiff, an Army officer retired for physical disability, sues to recover the difference between the retired pay of a captain, which he has been receiving, and the retired pay of a major, to which he claims to be entitled.

The plaintiff was called to active duty in 1942 as a second lieutenant. He served continuously on active duty until March 24, 1950, at which time he was relieved from active duty by reason of physical disability incurred...

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