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SCHMID v. UNITED STATES

No. 493-69.

436 F.2d 987 (1971)

Arthur C. SCHMID, Jr. v. The UNITED STATES.

United States Court of Claims.

January 22, 1971.

Attorney(s) appearing for the Case

Arthur B. Hanson, Washington, D. C., attorney of record, for plaintiff.

Arthur A. Birney, Washington, D. C., and John H. Blish, Providence, R. I., of counsel.

Arthur E. Fay, 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.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

COLLINS, Judge.

This case comes to us on the parties' cross-motions for summary judgment. There is no dispute as to the facts.

On June 27, 1969, Arthur C. Schmid, Jr., plaintiff herein, was involuntarily released from active duty as a member of the United States Naval Reserve. On the date of his release plaintiff had attained the rank of lieutenant and was receiving a base pay...

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