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COWDEN v. UNITED STATES

No. 242-78.

600 F.2d 1354 (1979)

James J. COWDEN v. The UNITED STATES.

United States Court of Claims.

June 13, 1979.

Attorney(s) appearing for the Case

Michael J. Kunstler, New York City, Atty. of record, for plaintiff Samuel B. Mayer, New York City, of counsel.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D. C., for defendant. Captain Levator J. Norsworthy, Jr., Washington, D. C., of counsel.

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

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

NICHOLS, Judge:

This case is before us on the parties' cross-motions for summary judgment. The issue is whether plaintiff James Cowden is entitled to receive military pay and allowances from the expiration of his term of enlistment to the date of his formal release although he was confined and subsequently parolled during that time under a court-martial sentence later...

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