MONTILLA v. UNITED STATES

No. 368-68.

457 F.2d 978 (1972)

Victor J. MONTILLA v. The UNITED STATES.

United States Court of Claims.

April 14, 1972.


Attorney(s) appearing for the Case

Philip F. Herrick, Washington, D. C., attorney of record for plaintiff.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

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


OPINION

SKELTON, Judge:

We are indebted to Trial Commissioner Mastin G. White in this case for his findings of fact and conclusion of law and also for his opinion, although we reach a different result. We have adopted his findings of fact with minor changes, and have used much of his opinion. The opinion of the court follows:

The question to be decided by the court in this case is whether the plaintiff, who has been a commissioned officer in the...

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