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CASS v. UNITED STATES

Nos. 72-2633, 72-3028-72-3030.

483 F.2d 220 (1973)

Donald C. CASS, Appellee, v. UNITED STATES of America, Appellant. Francis A. ADAMS et al., Appellees, v. SECRETARY OF THE NAVY et al., Appellants.

United States Court of Appeals, Ninth Circuit.

Certiorari Granted January 7, 1974.

Attorney(s) appearing for the Case

Anthony J. Steinmeyer (argued), Harlington Wood, Jr., Asst. Atty. Gen., Otis L. Packwood, U. S. Atty., Walter H. Fleischer, Robert M. Feinson, Dept. of Justice, Washington, D.C., for appellant United States.

Charles A. Smith (argued), of Smith & Harper, Helena, Mont., for appellee Cass.

Before MERRILL and CHOY, Circuit Judges, and CONTI, District Judge.

Certiorari Granted January 7, 1974. See 94 S.Ct. 864.

CONTI, District Judge:

This case involves the interpretation of 10 U.S.C. 687(a), which permits servicemen to receive readjustment payments upon release from the armed forces. Two issues are involved in this appeal: (1) Whether the "rounding provision" of subparagraph (2) of 10 U.S.C. 687(a) applies to reduce the eligibility requirement for readjustment pay; and (2) whether the preliminary injunction issued...

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