ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
COWEN, Chief Judge:
In this case, which comes before us on defendant's motion for summary judgment and plaintiff's opposition thereto, the facts that are material to a decision of the questions of law presented are not disputed.
Plaintiff, a citizen of the United States, was born on April 17, 1907. He served on active and inactive duty as a member of the National Guard of the United States from March 9,...
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