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SMITH v. UNITED STATES

No. 334-57.

170 F.Supp. 639 (1959)

Perley W. SMITH v. UNITED STATES.

United States Court of Claims.

February 11, 1959.

Attorney(s) appearing for the Case

Thomas H. King, Washington, D. C., for plaintiff. Richard H. Love, Washington, D. C., was on the brief.

Paris T. Houston, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Arthur E. Fay, Washington, D. C., was on the brief.

WHITAKER, Judge.

Plaintiff seeks to recover the pay of his appropriate rank and grade from the date of his confinement as the result of a conviction and sentence by a general court-martial on July 20, 1949, on a charge of unpremeditated murder, to January 21, 1954, the date on which the sentence of conviction was vacated by The Judge Advocate General under authority of section 12 of the act of May 5, 1950.1 This section, in substance,...

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