CARR v. UNITED STATES

No. 74-2589 Summary Calendar.

507 F.2d 191 (1975)

Julian CARR, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 6, 1975.


Attorney(s) appearing for the Case

James A. Baccus, Miami, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., C. Wesley G. Currier, Asst. U. S. Atty., Miami, Fla., for defendant-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


GEWIN, Circuit Judge:

While on active duty with the United States Air Force, appellant was hospitalized on October 10, 1949 for a liver ailment. The disease eventually led to his retirement from the armed services on June 30, 1950, with a disability rating of thirty percent. He has received retirement pay equal to thirty percent of his base pay since that date, pursuant to the Career Compensation Act of 1949, ch. 681, 63 Stat. 802.

In 1965 appellant petitioned...

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