McAULAY v. UNITED STATES

No. 401-58.

305 F.2d 836 (1962)

Richard Bruce McAULAY v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied October 3, 1962.


Attorney(s) appearing for the Case

Maurice C. Pincoffs, Jr., Baltimore, Md., for plaintiff.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant.


DURFEE, Judge.

This is an action for breach of plaintiff's contract of enlistment in the United States Marine Corps under date of March 20, 1953. The breach alleged is the claimed failure to accord plaintiff a hearing as required by the Career Compensation Act of 1949, 37 U.S.C.A. § 231 et seq. Plaintiff was separated from the service administratively by an honorable discharge on October 28, 1953, for "antisocial personality." Plaintiff says that this is a physical...

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