RUTHERFORD v. UNITED STATES

No. 500-76.

573 F.2d 1224 (1978)

Donald C. RUTHERFORD v. The UNITED STATES.

United States Court of Claims.

April 19, 1978.


Attorney(s) appearing for the Case

Penrose Lucas Albright, Arlington, Va., attorney of record, for plaintiff; Mason, Mason & Albright, Arlington, Va., of counsel.

Alan L. Ferber, Washington, D.C., with whom was Asst. Atty. Gen., Barbara Allen Babcock, Washington, D.C., for defendant.

Before DAVIS, KASHIWA and BENNETT, Judges.


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

KASHIWA, Judge:

Plaintiff, a former Naval Reserve Officer, requests in this case a change in his Naval disability rating from 20 percent to at least 40 percent with concomitant disability retirement. The case is before this court on cross motions for summary judgment. There is no genuine issue as to any material fact. For...

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