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McDONALD v. UNITED STATES

No. 366-69.

436 F.2d 477 (1971)

James F. McDONALD, as Executor of the Estate of George C. McDonald v. The UNITED STATES.

United States Court of Claims.

January 22, 1971.

Attorney(s) appearing for the Case

Frank J. Mizell, Jr., Montgomery, Ala., attorney of record for plaintiff.

Charles M. Munnecke, 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 DEFENDANT'S MOTION AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

PER CURIAM:

This is a claim by the executor of the estate of Major General George C. McDonald, deceased, for return of that portion of General McDonald's retired pay deducted by the Government to provide an annuity for his widow.

General McDonald retired from the Air Force in 1950 following thirty-three years of distinguished service. Subsequent to that time, the Congress enacted...

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