JOHNSON v. UNITED STATES

No. 217-56.

289 F.2d 829 (1961)

Wayne J. JOHNSON v. UNITED STATES.

United States Court of Claims.

Rehearing Denied July 19, 1961.


Attorney(s) appearing for the Case

Fred W. Shields, Washington, D. C., for plaintiff. King & King, Washington, D. C., were on the brief.

John R. Franklin, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., Washington, D. C., for defendant.


MADDEN, Judge.

The plaintiff claims that his retired pay, which commenced on August 1, 1955, should have been computed from that date at a rate higher than the rate actually used in its computation, and he is suing for the difference between the higher rate, starting on that date, and the rate he actually received. The Government says that the plaintiff did not become entitled to the higher rate until August 22, 1956, which is one year and 21 days after he retired...

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