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PITCHFORD v. UNITED STATES

No. 39-79.

666 F.2d 533 (1981)

John J. PITCHFORD v. The UNITED STATES; Shirley M. Pitchford, Third-Party Defendant.

United States Court of Claims.

December 2, 1981.

Attorney(s) appearing for the Case

Richard G. Noble, Indianola, Miss., attorney of record, for plaintiff; Crosthwait, Terney, Noble & Eastland, Indianola, Miss., of counsel.

Cynthia C. Cummings, with whom was Asst. Atty. Gen., J. Paul McGrath, Dept. of Justice, Washington, D. C., for defendant; Max Gest, Los Angeles, Cal., of counsel.

Shirley M. Pitchford, pro se; Max Gest, Los Angeles, Cal., of counsel.

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

FRIEDMAN, Chief Judge:

In this case, before us on cross-motions for summary judgment, the plaintiff, a former prisoner-of-war in North Vietnam, seeks to recover the portions of his pay and allowances that the Air Force paid during his captivity to his then-wife. We hold for the defendant and dismiss the petition.

I.

The plaintiff and his ex-wife first were married in 1963. They were divorced in May 1965. In June of that year, the plaintiff designated...

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