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FRIESTEDT v. UNITED STATES

No. 237-62.

352 F.2d 530 (1965)

Willis D. FRIESTEDT v. The UNITED STATES.

United States Court of Claims.

November 12, 1965.

Attorney(s) appearing for the Case

Thomas H. King, Washington, D. C., attorney of record, for plaintiff. Clifford A. Sheldon and Elmer B. Collins, Washington, D. C., of counsel.

Edgar H. Twine, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

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

LARAMORE, Judge.

In this action plaintiff seeks 75 percent of the retired pay of a first lieutenant rather than retired pay computed at 57½ percent of the pay of a second lieutenant which he is being paid. He bases his action on 10 U.S.C. § 1372 (1958 Ed.); 10 U.S.C. § 1375 (1958 Ed.); 37 U.S.C. § 115 (1958 Ed.); and section 513 of the Career Compensation Act of 1949, 63 Stat. 802, 830.1

Plaintiff enlisted in...

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