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KING v. UNITED STATES

No. 248-65.

390 F.2d 894 (1968)

John P. KING v. The UNITED STATES.

United States Court of Claims.

February 16, 1968.

Attorney(s) appearing for the Case

Neil B. Kabatchnick, Washington, D. C., attorney of record, for plaintiff. Richard H. Love, Washington, D. C., of counsel.

James A. Pemberton, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant.

Warner W. Gardner, Washington, D. C., for amicus curiae, Committee of American Steamship Lines. Shea & Gardner, Robert T. Basseches and John R. Kramer, Washington, D. C., of counsel.

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

ON DEFENDANT'S MOTION TO DISMISS THE PETITION

DAVIS, Judge.

In 1959 Colonel John P. King was retired from the Army for longevity (i. e., years of service) after having accrued over thirty years for pay purposes. Under 10 U.S.C. §§ 3911, 3991 (1964), his longevity retirement pay rate has been 75 per cent of the monthly basic pay of a colonel. He contends, however, that he should have been retired for disability and that the Secretary of the...

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