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LIPP v. UNITED STATES

No. 384-58.

301 F.2d 674 (1962)

Frank E. LIPP v. The UNITED STATES.

United States Court of Claims.

April 4, 1962.

Attorney(s) appearing for the Case

Guy Emery, Washington, D. C., for plaintiff. Emery & Wood, Washington, D. C., on the briefs.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Asst. Atty. Gen., William H. Orrick, Jr., for defendant.

LARAMORE, Judge.

Plaintiff, a former Reserve officer of the Army, brings this action to recover retired pay which he claims is due him by reason of the arbitrary, capricious and unlawful action of the Army Board for Correction of Military Records in refusing, on October 1, 1955, to correct his record of military service to show his retention on active duty until January 30, 1946, and his retirement for physical disability as of that date.

The facts are fully...

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