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AUSTIN v. UNITED STATES

No. 46132.

81 F.Supp. 225 (1948)

AUSTIN v. UNITED STATES.

United States Court of Claims.

December 6, 1948.

Attorney(s) appearing for the Case

Mahlon C. Masterson, of Washington, D. C. (Ansell & Ansell, of Washington, D. C., on the briefs), for plaintiff.

Mary K. Fagan, of Washington, D. C., and H. G. Morison, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN, and HOWELL, Judges.

JONES, Chief Judge.

This is a suit for the difference between the pay which plaintiff received as a lieutenant on the retired list, United States Coast Guard, between July 1, 1938, and April 9, 1941, and the pay of a lieutenant commander on the retired list for the same period which he claims he was entitled to receive pursuant to the Act of July 30, 1937, 50 Stat. 550, 14 U.S.C.A. § 167c. The single issue is whether the disability for which plaintiff was retired...

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