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AFLAGUE v. UNITED STATES

Nos. 212-56, 430-56, 465-59.

309 F.2d 753 (1962)

Juan S. AFLAGUE et al. (Paul F. Forster, Plaintiff, No. 13) v. The UNITED STATES. Rush C. COBB et al., (George C. Ellis, Plaintiff No. 2) v. The UNITED STATES. Frank Briggs WILSON v. The UNITED STATES.

United States Court of Claims.

November 7, 1962.

Attorney(s) appearing for the Case

Thomas M. Gittings, Jr., Washington, D. C., for plaintiff. Fred W. Shields and King & King, Washington, D. C., were on the briefs.

Edgar H. Twine, Washington, D. C., with whom was Asst. Atty. Gen., William H. Orrick, Jr., for defendant. LeRoy Southmayd, Jr., Paris T. Houston, and Arthur E. Fay, Washington, D. C., were on the briefs.

DAVIS, Judge.

Three of the plaintiffs in these cases (George C. Ellis, Paul F. Forster, and Frank B. Wilson) are long-time naval enlisted men who were transferred to the Fleet Reserve prior to 1940, thereafter retired for longevity, and recalled to active duty in the emergency of the early 1940's; in 1942, 1944, and 1945, they were respectively released from this active duty by reason of physical disability and returned to inactive status on the retired list. They...

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