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BECKHAM v. UNITED STATES

No. 379-61.

375 F.2d 782 (1967)

James A. BECKHAM v. The UNITED STATES.

United States Court of Claims.

April 14, 1967.

Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., attorney of record, for plaintiff.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. Barefoot Sanders, for defendant.

Before LARAMORE, Acting Chief Judge, and DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

OPINION

DURFEE, Judge.

Plaintiff enlisted in the Navy on August 15, 1937. After service that merited appointment as an officer, he was released on November 5, 1945. On September 21, 1950, he requested that he be recalled to active duty. Finding a defect which was classified as "gastritis, chronic, and sequelae of", the Navy informed plaintiff that he would be recalled with a waiver issued pursuant to the Act of December 18, 1942, 56 Stat. 1066.

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