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MOTTO v. UNITED STATES

No. 43-64.

348 F.2d 523 (1965)

James Edgar MOTTO v. The UNITED STATES.

United States Court of Claims.

July 16, 1965.

Attorney(s) appearing for the Case

David Machanic, Washington, D. C., for plaintiff. Pierson, Ball & Dowd, Washington, D. C., of counsel.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before COWEN, Chief Judge, LARAMORE, DURFEE, DAVIS and COLLINS, Judges.

DURFEE, Judge.

This case is before us on cross motions for summary judgment. It involves a claim by plaintiff for active duty pay and allowances allegedly due him between the period of July 11, 1958 to present, or in the alternative, from July 11, 1958, to August 17, 1963. Plaintiff also requests sums due for readjustment pay as computed under 10 U.S.C. § 687 (1958 ed. Supp. V).

Plaintiff, who had been serving...

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