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COX v. UNITED STATES

No. 228-60.

297 F.2d 250 (1961)

Clyde B. COX v. UNITED STATES.

United States Court of Claims.

December 6, 1961.

Attorney(s) appearing for the Case

Harry E. Wood, Washington, D. C., for plaintiff; Emery & Wood, Washington, D. C., on the brief.

Arthur E. Fay, Washington, D. C., and Asst. Atty. Gen., William H. Orrick, Jr., for defendant.

WHITAKER, Judge.

The question in this case is whether plaintiff is subject to the provisions of the Economy Act of 1932 (47 Stat. 406) 5 U.S.C.A. § 59a, which provides that no civilian employee of the United States is entitled to retired pay on account of his military service if the combined civilian pay and retired pay exceed $3,000.

Plaintiff says he is not subject to the provisions of that Act because of the provisions of the Act of May 12, 1917 (40...

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