REALE v. UNITED STATES

No. 334-65.

413 F.2d 556 (1969)

Dante S. REALE v. The UNITED STATES.

United States Court of Claims.

July 16, 1969.


Attorney(s) appearing for the Case

Alan A. Green, New Britain, Conn., attorney of record, for plaintiff.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Asst. Atty. Gen. William D. Ruckelshaus, for defendant.

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


OPINION

DAVIS, Judge.

This is an action brought to test the legality of plaintiff's release in July 1961 from active duty in the Air Force. At that time he was a reserve officer serving on extended active duty, holding the rank of captain. He had a generally good record, both parties agree, during his three years of World War II service and his ten years following his voluntary recall from the Reserves in 1951....

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