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RAWLINS v. UNITED STATES

No. 456-79C.

646 F.2d 459 (1980)

Edward White RAWLINS v. The UNITED STATES.

United States Court of Claims.

November 19, 1980.

Attorney(s) appearing for the Case

Alan S. Weitz, Washington, D. C., attorney of record, for plaintiff; Ginsburg, Feldman, Weil & Bress, Washington, D. C., of counsel.

Virginia I. Bradley, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant; Captain D. L. Hitchcock, USMCR, of counsel.

Before SKELTON, Senior Judge, and KASHIWA and KUNZIG, Judges.

ON DEFENDANT'S MOTION TO DISMISS

KUNZIG, Judge:

This military pay case comes before the court on defendant's motion to dismiss for failure to state a claim upon which relief can be granted. Plaintiff retired from the United States Navy in 1951, holding the rank of commander. He alleges that he was wrongfully denied advancement to the rank of captain. He now seeks back pay in an amount equal to the difference in salary and retirement pay between what he has...

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