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RIETH v. UNITED STATES

No. 395-64.

462 F.2d 530 (1972)

Bernard G. RIETH v. The UNITED STATES.

United States Court of Claims.

July 14, 1972.

Attorney(s) appearing for the Case

Thomas H. King, Washington, D.C., attorney of record, for plaintiff. Brian C. Flynn, Bath, N. Y., of counsel.

LeRoy Southmayd, Jr., Washington, D.C., with whom was Asst. Atty. General Harlington Wood, Jr., for defendant.

Before COWEN, Chief Judge, LARAMORE Senior Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA and KUNZIG, Judges.

OPINION

PER CURIAM:

In this suit plaintiff challenges the action of the United States Air Force by which his records were corrected in November 1958, to show that he was discharged in September 1953, with a 20 percent permanent physical disability rating, with entitlement to severance pay benefits, rather than with at least a 30 percent permanent physical disability rating, to which he claims entitlement with corresponding disability retirement pay under...

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