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MERSON v. UNITED STATES

No. 5-60.

401 F.2d 184 (1968)

Martin MERSON v. The UNITED STATES.

United States Court of Claims.

As Amended October 4, 1968.

Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., attorney of record, for plaintiff. Thomas H. King, Washington, D. C., of counsel.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant.

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

OPINION

DURFEE, Judge.*

This action to recover disability retirement pay was brought by a Navy Commander on the ground that when he was released to inactive duty as physically fit on March 29, 1946, he was physically unfit for service, and should have been retired for service-connected disability.

On October 15, 1965, the court rendered its first decision dismissing plaintiff...

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