RUSSELL v. UNITED STATES

No. 456-61.

314 F.2d 809 (1963)

Thomas Nathan RUSSELL v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied May 10, 1963.


Attorney(s) appearing for the Case

Fred W. Shields, Washington, D.C., for plaintiff. King & King, Washington, D.C., were on the briefs.

Arthur E. Fay, Washington, D.C., with whom was Acting Asst. Atty. Gen. Joseph D. Guilfoyle, for defendant.


WHITAKER, Judge.

In this action, arising on cross-motions for summary judgment, plaintiff seeks to recover retired pay based upon 75 percent of the basic pay of a lieutenant in the Navy, to which he claims he is entitled under the provisions of section 412 (a) of the Officer Personnel Act of 1947, 61 Stat. 874.

Plaintiff first enlisted in the Regular Navy on September 20, 1915. He served as an enlisted man until March 15, 1931, at which time he was transferred...

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