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BROWN v. DEPT. OF MILITARY AFFAIRS

Docket No. 7810.

30 Mich. App. 463 (1971)

186 N.W.2d 747

BROWN v. DEPARTMENT OF MILITARY AFFAIRS

Michigan Court of Appeals.

Decided February 16, 1971.

Attorney(s) appearing for the Case

Newman & MacKay, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Wallace K. Sagendorph and Charles D. Hackney, Assistant Attorneys General, for defendants.

Before: BRONSON, P.J., and FITZGERALD and CHURCHILL, JJ.

Reversed by Supreme Court, 386 Mich. 194.

FITZGERALD, J.

The present action arises through plaintiff's complaint in the state Court of Claims for back pay from 1950 to 1967.

PA 1909, No 84, § 45, of the military establishment act, as amended in 1937 by PA 239, MCLA § 32.45 (Stat Ann § 4.637), provides:

"All officers shall receive for each day spent by them in actual service or on duty under...

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