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FAGAN v. UNITED STATES

No. 535-57.

277 F.2d 469 (1960)

Louis E. FAGAN et al. (Lewis L. Gover, Plaintiff No. 2) v. UNITED STATES.

United States Court of Claims.

As Amended May 13, 1960.

Attorney(s) appearing for the Case

Melville E. Locker, Washington, D. C., Friedman, Locker & Schlezinger, Washington, D. C., on the brief, for plaintiff.

LeRoy Southmayd, Jr., Washington, D. C., with whom was George Cochran Doub, Asst. Atty. Gen., for defendant.

LITTLETON, Judge (Ret.).

Lewis L. Gover is plaintiff No. 2 in the above entitled case of Fagan, et al. Gover will hereinafter be referred to as plaintiff.

Plaintiff, a retired officer of the Marine Corps, seeks to recover additional retired pay to which he claims he is entitled under applicable statutes and decisions of this court. Defendant has agreed that it is liable for a portion of the pay claimed as a result of the court's decision in the case of Gordon...

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