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COOK v. UNITED STATES

No. 348-74.

536 F.2d 365 (1976)

Eugene COOK and Ruth S. Cook (Co-Executors) v. The UNITED STATES.

United States Court of Claims.

June 16, 1976.

Attorney(s) appearing for the Case

James M. McHale, Washington, D.C., attorney of record, for plaintiff.

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

Before COWEN, Chief Judge, and DAVIS and KUNZIG, Judges.

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

KUNZIG, Judge:

In this civilian pay case plaintiffs, executors of the estate of Kenneth S. Cook, formerly employed as an Operations Research Analyst at Holloman Air Force Base, sue for Cook's back pay. In 1967, Cook was involuntarily retired from his position for mental disability. Plaintiffs bring the instant action to invalidate the retirement.

The gravamen...

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