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CHERRY v. U. S.

No. 73-77.

594 F.2d 795 (1979)

Fred V. CHERRY v. The UNITED STATES.

United States Court of Claims.

February 21, 1979.

Attorney(s) appearing for the Case

Kaletah N. Carroll, Fairfax, Va., attorney of record for plaintiff.

Frances L. Nunn, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant. Captain James R. Marshall, Washington, D.C., of counsel.

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

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

NICHOLS, Judge:

The parties have filed cross-motions for summary judgment. This case concerns the Air Force's disposition of the military pay and allowances of Colonel Fred Cherry. On October 22, 1965, Colonel Cherry was shot down while flying a combat mission over North Vietnam. Defendant seems to have been aware he was...

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