SCHUYLER v. UNITED STATES

No. 548-58.

180 F.Supp. 417 (1960)

Garret L. SCHUYLER v. UNITED STATES.

United States Court of Claims.

January 20, 1960.


Attorney(s) appearing for the Case

Pierson P. Brown, Washington, D. C., for plaintiff.

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


JONES, Chief Judge.

The plaintiff, a retired Naval officer, seeks to recover retired pay withheld from him during the calendar year 1956 pursuant to section 212 of the Economy Act of June 30, 1932, as amended, 5 U.S. C.A. § 59a(a).

The question is whether plaintiff, in the circumstances of this case, was exempt from the provisions of that act, since he did not actually receive for the year 1956 a sum which, when added to the amount of his retired pay...

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