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MIDGETT v. UNITED STATES

No. 495-77.

603 F.2d 835 (1979)

Earl R. and Montez MIDGETT v. The UNITED STATES.

United States Court of Claims.

July 18, 1979.

Attorney(s) appearing for the Case

Charles M. Munnecke, Washington, D. C., attorney of record, for plaintiffs. Charles E. Poston, Norfolk, Va., and King & Everhard, Washington, D. C., of counsel.

Lawrence S. Smith, Washington, D. C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D. C., for defendant. Bernard M. Brodsky and Levator Norsworthy, Jr., Washington, D. C., of counsel.

Before NICHOLS, KASHIWA and SMITH, Judges.

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

SMITH, Judge:

This military benefits case, before us on the parties' motions for summary judgment, presents a novel and difficult issue of the preclusive effect of a state court in rem judgment on the administrative determinations of the United States Army. It might well be subtitled, "The Battle of the Presumptions." Inasmuch as the parties have provided...

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