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AKOL v. UNITED STATES

No. 564-57.

330 F.2d 618 (1964)

Emilio AKOL, et al. (Clinton M. Stanford, Plaintiff No. 27) v. The UNITED STATES.

United States Court of Claims.

April 17, 1964.

Attorney(s) appearing for the Case

Thomas M. Gittings, Jr., Washington, D. C., for the plaintiff. Fred W. Shields, Alexandria, Va., and King & King, Washington, D. C., were on the brief.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen., John W. Douglas, for the defendant.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

JONES, Chief Judge.

Plaintiff, a former Navy enlisted man now on the retired list, sues for the difference between the disability retirement pay which he asserts he is entitled to elect to receive under section 411 of the Career Compensation Act of 1949, 63 Stat. 802, 823-24, and the retirement pay which he has been receiving under prior enactments. He seeks now to make the election between disability retirement pay and retirement pay which that section affords former...

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