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POWERS v. UNITED STATES

No. 380-67.

401 F.2d 813 (1968)

Robert Davis POWERS, Jr. v. The UNITED STATES.

United States Court of Claims.

October 18, 1968.

Attorney(s) appearing for the Case

Patrick W. Lee, Washington, D. C., attorney of record, for plaintiff. Reavis, Pogue, Neal & Rose, Washington, D. C., of counsel.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen., Edwin L. Weisl, Jr., for defendant.

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

SKELTON, Judge.

Plaintiff is a former member of the United States Navy who was retired from that service on May 1, 1964, after serving as a rear admiral and receiving the maximum basic pay of a rear admiral of the upper half, pay grade 0-8, pursuant to 37 U.S.C. § 202(i). At that time, he was accorded retirement pay based upon the maximum basic pay of a rear admiral of the lower half, pay grade 0-7, rather than the higher rate of retired pay based upon the maximum...

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