MR. JUSTICE DAY delivered the opinion of the court.
This is an appeal from the judgment of the Court of Claims dismissing the petition of the claimant. Upon hearing, that court made the following findings of fact, 37 C. Clms. 365:
"I. The claimant, Ulysses S.G. White, was on the 9th day of January, in the year 1877, appointed a civil engineer in the Navy from civil life. He remained such civil engineer and was such at the time of the passage of the Navy Personnel...
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