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GARCIA v. UNITED STATES

No. 214-78.

617 F.2d 218 (1980)

Nicholas A. GARCIA, Jr. v. The UNITED STATES.

United States Court of Claims.

Decided March 19, 1980.

Attorney(s) appearing for the Case

Donald F. Mintmire, Louisville, Ky., atty. of record, for plaintiff. Barnett, Alagia & Carey, Louisville, Ky., of counsel.

Ransey Guy Cole, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniels, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and KUNZIG, Judge.

OPINION

COWEN, Senior Judge:

Plaintiff, Nicholas A. Garcia, Jr., filed suit in this court on May 12, 1978, seeking military retirement pay under 10 U.S.C. § 13311 for the period from October 6, 1967, to October 18, 1970. Defendant concedes that plaintiff satisfies all the age and service requirements of the statute, but contends that plaintiff's claim is barred by this court's 6...

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