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UNITED STATES v. ABBETT

No. 24167.

381 F.2d 609 (1967)

UNITED STATES of America, Appellant, v. Asa ABBETT, Appellee.

United States Court of Appeals Fifth Circuit.

August 2, 1967.

Attorney(s) appearing for the Case

Macon L. Weaver, U. S. Atty., Birmingham, Ala., Harvey L. Zuckman, David L. Rose, Attys., Dept. of Justice, Washington, D. C., for appellant.

James A. Turner, Tuscaloosa, Ala., for appellee.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.

DYER, Circuit Judge:

This is an appeal by the United States of America from a summary judgment in favor of Asa Abbett for $2,476.80, the value, as determined by the District Court, of annual and sick leave she expended while awaiting determination of her involuntary application for civil service disability retirement filed on her behalf by the Veterans Administration.

In January and February, 1961, two examinations, physical and psychiatric, were made of appellee...

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