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RAY v. UNITED STATES

No. 442-65.

453 F.2d 754 (1972)

Clyde A. RAY v. The UNITED STATES.

United States Court of Claims.

January 21, 1972.

Attorney(s) appearing for the Case

Thomas H. King, Washington, D. C., attorney of record for plaintiff. Maurice F. Biddle, Sperryville, Va., of counsel.

William Kalish, Dept. of Justice, Tax Div., Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant. Charles M. Munnecke and Philip R. Miller, Washington, D. C., of counsel.

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

ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

Plaintiff commenced this action, brought under 28 U.S.C. § 1491, in 1965. Proceedings were suspended in this court to permit plaintiff to apply with the Air Force Board for the Correction of Military Records for remedial action under 10 U.S.C. § 1552. On November 2, 1969, the Assistant Secretary of the Air Force, following the recommendation of the Board, ordered...

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