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SERRANO v. UNITED STATES

No. 237-78.

612 F.2d 525 (1979)

Antonio M. SERRANO v. The UNITED STATES.

United States Court of Claims.

December 12, 1979.

Attorney(s) appearing for the Case

Roger S. Fraley, Middleburg, Va., attorney of record, for plaintiff.

Thomas W. Trigg, U. S. Dept. of Justice, with whom was Acting Asst. Atty. Gen., Alice Daniel, Washington, D.C., for defendant. John W. Showalter, Washington, D. C., and Gary Elkins, of counsel.

Before FRIEDMAN, Chief Judge, NICHOLS and SMITH, Judges.

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

EDWARD S. SMITH, Judge:

This military pay case is before the court on cross-motions for summary judgment. It is contended by plaintiff that the Secretary of the Navy acted arbitrarily, capriciously, and otherwise abused his discretion in withholding plaintiff's pay and in refusing to release plaintiff from liability for the loss of $15,992.20 of Government funds...

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