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EURELL v. UNITED STATES

No. 249-76.

566 F.2d 1146 (1977)

Joseph M. EURELL v. The UNITED STATES.

United States Court of Claims.

December 14, 1977.

Attorney(s) appearing for the Case

Richard P. Fox, Los Angeles, Cal., attorney of record, for plaintiff. Richard P. Fox and Max Gest, Los Angeles, Cal., of counsel.

LeRoy Southmayd, Jr., Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant. Lieutenant Scott K. Walker, JAGC USNR, Washington, D.C., of counsel.

Before DAVIS, KUNZIG and BENNETT, Judges.

ON DEFENDANT'S AND PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT

PER CURIAM:

This military disability retirement pay case is before the court on cross-motions for summary judgment; oral argument has been waived. On December 29, 1969, the plaintiff, after proceedings before a Medical Board and a Physical Evaluation Board, was discharged from the Marine Corps (with service of about a year) on the ground of a physical disability which existed prior to service. He...

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