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FREDERICK v. UNITED STATES

No. 111-56.

280 F.2d 844 (1960)

John H. FREDERICK v. UNITED STATES.

United States Court of Claims.

July 15, 1960.

Attorney(s) appearing for the Case

Robert E. Sher, Washington, D. C., William P. Bernton, and Sher, Oppenheimer & Harris, Washington, D. C., on the briefs, for plaintiff.

Edgar H. Twine, Washington, D. C., with whom was George Cochran Doub, Asst. Atty. Gen., Paris T. Houston, Washington, D. C., on the brief, for defendant.

MADDEN, Judge.

The plaintiff sues for disability retired pay of an Army officer. The facts relating to his Army service, his medical history, and the numerous proceedings relating to the determination by the Army that he was and is not entitled to retired pay are recited in our findings and will not be repeated in detail in this opinion.

The plaintiff was a dentist. In 1917 he was appointed a first lieutenant in the

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