RHOADES v. UNITED STATES

No. 344-79C.

668 F.2d 1213 (1982)

Henry RHOADES v. The UNITED STATES.

United States Court of Claims.

January 13, 1982.


Attorney(s) appearing for the Case

Albert L. Becker, Philadelphia, Pa., atty. of record, for plaintiff.

Frank M. Rapoport, Washington, D. C., with whom was Asst. Atty. Gen., J. Paul McGrath, Washington, D. C., for defendant; Major Michael Malone, U. S. Dept. of the Navy, Washington, D. C., of counsel.

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


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

NICHOLS, Judge:

In this case the court is asked to determine how long, if at all, the pay and allowances of an enlisted member of the armed forces continue after the expiration date of enlistment, when he is then in confinement, having been convicted and sentenced by court-martial, but that conviction is set aside on appellate review and the member thereafter is retried...

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