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LEMLY v. UNITED STATES

No. 47665.

91 F.Supp. 743 (1950)

LEMLY v. UNITED STATES.

United States Court of Claims.

Decided July 10, 1950.

Attorney(s) appearing for the Case

Burr Tracy Ansell, Washington, D.C., for plaintiff.

John R. Franklin, Washington, D.C., with whom was Assistant Attorney General H. G. Morison, for defendant.

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

HOWELL, Judge.

This is a suit brought by plaintiff, a Naval Reserve Officer on the honorary retired list of the United States Naval Reserve to recover retirement pay for disability allegedly suffered in line of duty while on extended active naval service, as provided by Section 4 of the Naval Aviation Personnel Act of 1940, 54 Stat. 864, as amended, 34 U.S.C.A. § 855c — 1, which in pertinent part reads as follows: "All officers * * * of the United States...

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