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DZIALO v. UNITED STATES

No. 492-80C.

677 F.2d 873 (1982)

Robert E. DZIALO v. The UNITED STATES.

United States Court of Claims.

May 5, 1982.

Attorney(s) appearing for the Case

John A. Everhard, Washington, D. C., atty. of record, for plaintiff.

Colvin W. Grannum, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant.

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

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

BENNETT, Judge:

This military pay case is submitted to the court on cross-motions for summary judgment by the parties. Plaintiff, a former captain in the United States Marine Corps, was involuntarily discharged from active duty on June 30, 1978, after having been twice passed over for promotion to the rank of major. 10 U.S...

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