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ILIFF v. SCHLESSINGER

No. 75-1345(74-82).

539 F.2d 1275 (1976)

Anthony H. ILIFF, Plaintiff-Appellant, v. James R. SCHLESSINGER, Individually and as Secretary of Defense, and John W. Warner, Individually and as Secretary of the Navy, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 19, 1976.

Attorney(s) appearing for the Case

Thomas E. Horn, Horn & Schowers, Albuquerque, N. M., for plaintiff-appellant.

W. R. Hughes, Jr., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., and Don J. Svet, Asst. U. S. Atty., Albuquerque, N. M., on the brief), for defendants-appellees.

Before LEWIS, Chief Judge, and SETH and BARRETT, Circuit Judges.

LEWIS, Chief Judge.

After appearance by the United States as defendant in this action the case was submitted to the trial court under stipulated facts and resulted in a judgment favoring the Government in the sum of $625.11 on its counterclaim and the dismissal of plaintiff's action.

In 1968, plaintiff enlisted in the United States Navy and, in 1970, voluntarily reenlisted and received a bonus of $2,000 for such...

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