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PERRY v. UNITED STATES

No. 149-70.

442 F.2d 353 (1971)

William O. PERRY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 14, 1971.

Attorney(s) appearing for the Case

Laird Campbell, Denver, Colo. (Byron G. Rogers, Jr. and William S. Jackson, of Wormwood, Wolvington, Renner & Dosh, Denver, Colo., were on the brief) for plaintiff-appellant.

J. F. Bishop, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., James L. Treece, U. S. Atty., Alan S. Rosenthal and Daniel M. Joseph, Attys., Dept. of Justice, Washington, D. C., were on the brief) for defendant-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

LEWIS, Chief Judge.

By complaint filed in the United States District Court for the District of Colorado, plaintiff Perry, a retired reserve Army officer, sought judgment against the United States for the difference between the amount of retirement pay actually paid to him and the amount asserted to have been due him under applicable statutes. Jurisdiction was premised under the Tucker Act, 28 U.S.C. § 1346, with waiver of any judgment exceeding the sum of $10...

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