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HAGARTY v. UNITED STATES

No. 81-68.

449 F.2d 352 (1971)

Richard K. HAGARTY v. The UNITED STATES.

United States Court of Claims.

October 15, 1971.

Attorney(s) appearing for the Case

Fred W. Shields, Alexandria, Va., attorney of record, for plaintiff.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

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

OPINION

DURFEE, Judge.*

This is a suit for military pay alleged to be due plaintiff for wrongful reduction in grade. Plaintiff served on active duty in the Navy for about 19 years and 7 months until January 31, 1964, when in the rate of commissary steward, second class, he was transferred to the Fleet Reserve, with retainer pay in that rate. The reason for his transfer was the requisite number of years of active duty.

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