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McGRATH v. UNITED STATES

No. 441-59.

303 F.2d 943 (1962)

J. Moran McGRATH, and Marion B. McGrath, as Sole Heirs and Successors to the Property of James G. McGrath, Deceased, v. The UNITED STATES.

United States Court of Claims.

June 6, 1962.

Attorney(s) appearing for the Case

James M. McCullough, Washington, D. C., for plaintiffs. Leo J. McCullough, Washington, D. C., was on the briefs.

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

DAVIS, Judge.

This case is a companion to Broche v. United States, Ct.Cl., 303 F.2d 939, and can likewise be determined on the parties' motions for summary judgment. The substituted plaintiffs pursue the claim of James G. McGrath, a World War I emergency officer retired for physical disability, that he was entitled by the Career Compensation Act of 1949, 63 Stat. 802, 818, 823-4, 37 U.S.C.A. § 231 et seq., to have his retirement...

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