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STEPHENS v. UNITED STATES

No. 189-60.

358 F.2d 951 (1966)

James D. STEPHENS v. The UNITED STATES.

United States Court of Claims.

February 18, 1966.

Attorney(s) appearing for the Case

Joe Hobson, Prestonburg, Ky., attorney of record, for plaintiff.

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

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

COWEN, Chief Judge.

Plaintiff, a former Army Reserve officer, sues to recover disability retirement pay commencing either from the date of his release from active duty in May of 1954, or from the date he suffered a myocardial infarction while on a 15-day active Reserve tour of duty in August of 1957.

Plaintiff was appointed 2nd Lieutenant, ORC, on September 8, 1937, and served on active duty from April 21, 1941 to April 23, 1946, successively as a 1st Lieutenant...

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