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SODE v. UNITED STATES

No. 492-73.

531 F.2d 531 (1976)

William T. SODE v. The UNITED STATES.

United States Court of Claims.

March 17, 1976.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., attorney of record, for plaintiff. S. Giles Payne, Fairfield, Conn., of counsel.

Kenneth J. Ingram, Washington, D. C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D. C., for defendant.

Before DURFEE, Senior Judge, and NICHOLS and KASHIWA, Judges.

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

DURFEE, Senior Judge:

In this case of first impression, a former uniformed military service officer, presently a Federal civilian employee, retired from the service because of medical disability, argues that the 1964 amendments to the Dual Compensation Act1 provide an exemption to the retirement pay reduction provisions...

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