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GORDON v. SHOUP

No. 17163.

316 F.2d 683 (1963)

Andrew L. W. GORDON, Appellant, v. David M. SHOUP, Commandant of the Marine Corps, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 21, 1963.

Attorney(s) appearing for the Case

Mr. Joseph B. Friedman, Washington, D. C., with whom Mr. Julius Schlezinger, Washington, D. C., was on the brief, for appellant.

Mr. Howard E. Shapiro, Atty., Dept. of Justice, for appellee. Acting Asst. Atty. Gen. Joseph D. Guilfoyle and Messrs. David C. Acheson, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief for appellee.

Before BAZELON, Chief Judge, and WILBUR K. MILLER and BURGER, Circuit Judges.

BAZELON, Chief Judge.

This suit is the latest phase of a long controversy over retirement pay for our appellant Gordon, a Marine officer who retired in 1943.

In 1956 the Court of Claims allowed him recovery of a retroactive increase in retirement pay for the period 1949-56, but held that the six-year statute of limitations on claims within the jurisdiction of the Court of Claims1 barred recovery for the period 1943-49.

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